Study On Ownership Of House In Multiple Transactions

Houses are cornerstones for people’s living and development. With the rapid development of our economy,the development speed of the real estate industry is also growing,as the transactions of houses are growing explosively,are associated with the real estate prices are rising substantially,occupy a commanding position,there are many cases that one house is sold to two or more buyers at the same time,which not only severely damages the transaction order of the real estate market,but also diminishes the rights of the consumers.China’s civil laws differentiate real right and obligation right,and China formed two systems as real right law system and obligation law system,and both of them act as the backbones of the property lay system.As a kind of important real property,the transaction of houses inevitably involves the transfer of property and proprietorship.After the real estate was sold,the legal relationship between seller and buyer is very complicated,the transaction of houses is not only a contract law issue,but also a real right law issue.It mainly shows in the change pattern caused by difference between creditor’s rights and the real rights.So, this arises many practical legal issues, such as validity of contracts,the belonging of house property rights,and remedy of not get house buyers’rights. Study the real estate sold for many times legal issues,in theory, help to understand the nature of creditor’s rights and the real rights.If these problems are solved in the practice,the lawful rights and interests are protected,and breaches in real estate transaction will also be controlled.This thesis consists of four parts,Legal issues involved in the real estate sold for many times will discussing step by step.The first part concerning the define of real estate sold for many times and the change of real right pattern summary.In this section simply explain the meaning of the real estate sold for many times.And multiple buying and selling houses in research problems involved in the two basic theory of law-real right change to distinguish the principles and the real right change mode.The second part is about the validity of contracts of real estate sold for many times.In this part,the author discusses some basic theory of contract validity.According to these theories,selective analysis the validity of several contracts in China.The third part discusses the belongings of the property rights after the real estate sold for many times.First,the author studies principle of certainty of belongings of the property rights after the real estate sold for many times.Second,aim at these principle raise the main defect and suggest.Last but not least,as occasion requires give judge discretionary power.The forth part is mainly about the legal remedies of not get house buyers’rights.Including terminate the contract;compensate for loss;affirm avoidance of the contract;punitive damages;the buyer first’s repeal.