Housing Two Heavy Trading In The Legal Regulation Research

The house is a foundation which the people enjoys a good and prosperous life. Under planned economy system, our country cities housing system implementation material object free assignment system. When market economy substitution planned economy, house market organizational imperatively reform. Through more than 10 years regulated, China has established the real estate transaction market initially. But the house being sold twice behavior frequently appears in the market, this kind of behavior not only seriously destroyed the real estate market transaction order, but also harms the general consumers' benefit.Our country's Civil Law mostly received the German law school of the Continent law system, which has accepted the real right and the creditor's right discrimination, and has established the principle of distinction between the cause of change of property rights and action of change of property right, two constituted the property law system together. The real law is the determination and the safeguard property ownership legal system, and the creditor's right law is the standard properties control the relational legal system. We acknowledged the real right discrimination principle in this foundation. Therefore house business is already not the pure law of contract question, also is not the pure reality of laws question, but is the render a service to that possesses both simultaneously. But the creditor's right and the real right separation creates the real right shifting time difference causes house being sold twice phenomenon, so we wants to cease this phenomenon is not impossible thoroughly, but may guard against and provide relief this kind of behavior through the Civil Law.Sells in advance in the commodity apartment, because implements house being sold twice behavior people is difference, may differentiate for sells in advance the human sold twice behavior and purchases in advance the human sold twice behavior. Regarding sells in advance the human double business the legal rules and regulations mainly is give registration for advanced notice, but our country has not established the registration for advanced notice, but was set up an administrative method to carry on the rules and regulations, and it's superior and the shortcoming is obvious.