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Commercial Housing Heavy Trading Legal Issues Research

Posted on:2012-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:H X MaFull Text:PDF
GTID:2216330368494592Subject:Law
Abstract/Summary:PDF Full Text Request
Repeat Sales of Commodity House is a typical trade of real estate for twice. The Seller of a commodity house reaches a House Sales Contract with a Buyer, but afterwards the seller signs a Sales Contract again for the same house with a third person, prior to transfer of house ownership to the Buyer. You see, the Seller sells the commodity house twice, so there will be disputes on the house ownership between the first buyer and the third person. Under real right externalism mode, the seller is still the owner of the subject matter herein before the ownership hereof is transferred to the Buyer as per the House Sales Contract between the seller and the buyer. However, under credit autonomy of will mode and upon execution of the Sales Contract between the buyer and the seller, the Sales Contract between the seller and the third person shall be deemed invalid, because the subject matter does not belong to the seller or the third person at this time. Under credit externalism mode, if a Sales Contract is concluded by and between the seller and the buyer, and immediately hereafter, the subject matter is handed in to the buyer or relevant assignment formalities hereto are completed, then the buyer has the ownership of the subject matter. A buyer without ownership may terminate its contract with the seller and request the Seller to make compensations incurred hereby, exercise its cancellation right as a buyer, and declare the invalidity of the contract between the seller and any other third buyers, which are economic remedies and for may be adopted by the buyer to reduce its own economic losses.
Keywords/Search Tags:commercinal house, reiteration trade, Alteration of property, rights redress
PDF Full Text Request
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