The Study On The Order Of The Specific Performance Of The Dual Buying And Selling Contract Of The General Movable Property

With the rapid social development and economic globalization, trade becomesmore frequent and complicated in the market. Therefore, it is much likely to see dualbuying and selling. Due to the nature of movable property and subject to theapplicable Chinese laws, the rules stipulating the transfer of ownership of movableproperty have nothing to do with the registration system, thus easily shaping theexterior right of ownership, for which it is quite inevitable to witness dual buying andselling of general movable property. Undoubtedly, in pursuit of profits through markettrade, the seller would be much likely to enter into dual buying and selling contractwhen specific performance is impossible to make to satisfy both parties. Therefore theprinciple dealing with the specific performance of dual buying and selling contract ofgeneral movable property plays a quite important role and is worthy of considerationand study without doubt, for the reason that it directly determines who thesubject-matter should belong to. In chapter one, this thesis defines in details the legalconception of ‘general movable property’ and ‘dual buying and selling’. In chaptertwo, this thesis analyses the reason why such problem concerned is much more likelyto happen from the perspective of economy and legal system. In chapter three, thisthesis elaborates different kinds of theories and analyses the existing system on thebasis of different types. In chapter four, this thesis analyses the defect of the existingsystem both in theory and in reality. In chapter five, this thesis tries to make some constructive proposals to deal with such problem in a proper way on the basis ofdifferent types.