Research Of One Real Estate Property Sold For Twice

In accordance with the law in our country, the transfer of real estate property rights has regarded registration for effective elements, which has brought a lot of problems. For instance, in the occasion of selling one real estate or twice, if we deal with it according to such rules, it will not only bring the court execution a difficult predicament, but also lack of protection of the first buyer. In this paper, on the basis of a comparative study of the foreign related system, it gives suggestions from the aspect of contract law and property law, to refine it and compensate the shortcomings of our current lay system.This paper consists three parts: the introduction, the main body and the conclusion.The introduction part mainly introduces the topic background, the significance, the research problem, the current relevant research at home and abroad, the research methods and innovation points.The main body consists five parts.The first part: a comparative study of selling one estate property for twice. It introduces the common law deed delivery system in detail, and analyses the prevention and relief in the situation of selling one estate property for twice. Then, it introduces the advance notice registration in the continental law system, and analyzes its value and function.The second part: it is about the defects in the current system of selling the real estate for twice. The cause, behavior evaluation and the solution of disputes have been analyzed firstly and then, the focus is on the disadvantages of first buyer protection in current law system, and the analysis is established from two aspects: the protection limitation of the first vendee and the necessity of the protection.The third part: the analysis of the changing mode of real estate real right in our country. It searches the cause of the shortcomings of the real estate system mentioned in part two and raises a query for the changing mode of the real estate real right in our country. First, it introduces the changing system in China’s “property law” and analyzes its predicament in reality, and the influence of the mode to selling the estate property for twice.The fourth part: the interest measurement of selling real estate for twice. In this part, it analyzes legal relationship of the selling the estate property for twice, and then the measures the benefit protection for the both buyers, and comes to the conclusion that we should strengthen the protection for the first buyer.The fifth part: the improvement of the system of selling the estate property twice. This part analyzes from the Angle of contract law and property law respectively, then it gets the suggestions for the improvement of the contract law system and property law. The Contract law in our country should improve the system of default damage compensation claims, introducing the right to claim compensation, and it should add relevant items to the "contract law" for the one hundred and seventeen items and one hundred and twenty items. Property law in our country should draw lessons from the United States, according to the registration system, it should restrict the appropriate second buyer in a "goodwill" way necessarily and at the same time, strengthen the a role in the process of real estate property rights transfer in our country.Finally, a summary has been made to summarize the full thesis and generalize the system suggestions according to the basic ideas and research results of this thesis.