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The Ownership Of The Subject Matter In The Movable Multiple Business

Posted on:2015-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ZhangFull Text:PDF
GTID:2266330428981860Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Moveable multiple business phenomenon is a common problem in real life,in the real business,when the seller facing greater interest choices,they often try to seek the maximum benefits,so they go against the principle of good faith,signing a number of business contract with two or more person,which leads to the emergence of a large number of movable phenomenon of multiple business.The movable multiple business phenomenon brought significant damage to the interest of the buyer,which cause serious damage to the market order,it is bad to the normal development of market in China,for the whole transaction order is also a hidden trouble,that is a fact that,the existence of the problem puts forward many practical problems,so we must formulate some reasonable rules to solve the problem."The Interpretation of the Supreme Peoples Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts"has been put into force since2012,among them, the article9, article10stipulate some rules when the moveable multiple bussiness happens,such as paying the price priority, a prior contract, etc., they hope that through these standards they can maintain the principle of good faith and reducing the occurrence of the phenomenon of multiple business.While some of the standards has violated the basic legal theory and the current law,they may cause more problems when applied in practice.Therefore,we need study further on this issue,so they can be better used in practice.This article try to confirm the ownership of the subject matter in different conditions by analyzing the principle of creditor’s rights and equality and the pattern of property right change,and combined with the experience of other countries to perfect our current legislation.
Keywords/Search Tags:Multiple business, Creditor’s rights and equality, the pattern ofproperty right change, Ownership of the subject matter
PDF Full Text Request
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