The Research On Real Estate Sold For Times

Real estate sold for times is a common problem among real life, it is due to the seller who violates the principle of honesty and credibility in transactions. Not only does it compromise the interests of the buyer, but also does harms to transaction order of the market. Real estate sold for times is related to theories such as the pattern of transform of property rights、advance notice registration of real estate、unauthorized disposal and so on ; From the perspective of law of obligation, it is mainly related to the problem of the relationship between the effectiveness of the contract and the selling items belonging to others、the relationship between the delivery of the subject matter and the transfer of ownership and the scope of compensation to damages created by violating the contract. The problems derive from it includes the effectiveness of a number of contracts、the ownership of real estate and the relief for buyer’s right . This article starts from the concept of real estate sold for times, focusing on the analysis of effectiveness of a number of contracts due to real estate sold for times and identify issues of ownership, And based on the discussion for the situations China has now, this article proposes some remedies for the problems caused by real estate sold for times.This paper consists of four main sections. The first chapter is to define the range of real estate sold for times, including a distinction between property act and claim act and its concept, features and a description for its nature; Chapter two elaborates some theories related to real estate sold for times, mainly including the theory of real property when it changes, then analyzes our country’s position in alteration of real right; Chapter Three explores major questions of the real estate sold for times and the situations China has now. Firstly, this chapter discusses the effectiveness of a number of contracts and the ownership of subject matter in real estate sold for times; then analyzes the current situations in China, that is the effectiveness of a number of contracts and the ownership of subject matter in real estate sold for times in China. The fourth chapter presents legal remedies for real estate sold for times. Real estate sold for times can not be avoided, so some relief measures in the process of concluding contracts for prevention and damage it causes must be used. In transaction its appearance is bound to bring harm to the right of the first buyer and the buyers following the first buyer. The remedies for protecting the rights of the buyer including: contract remedies、the relief for changing in property and tort remedies, etc.; while the reliefs for the buyer following the first buyer include claims for compensation due to tort damages and so on.