The Research Of The Property’s Syn-position To Multiple Sales Contracts

Multiple sales contracts phenomenon has existed since ancient time, Chinese and foreign alike, its appearance has the internal causes, such as time difference due to real right change distinguishing principle, relativity of creditor’s rights, no need of publicity and other essential attributes as well as pursuing the maximization of profit motive. The dispute triggered by multiple sales contracts among multiple buyers competing for ownership of the subject matter shall be regulated by the law. The multiple sales discussed in this article is limited to the period after the establishment of the creditor’s rights contract, till the time when buyers get the ownership of complete sense, and is limited to the same seller. It includes multiple sales in the traditional sense and the part related to the special movable property in the generalized sense. In the field of real estate, the standard that the ownership get the syn-position has not being specified concretely, so the scholars put forward the registration priority theory, possession priority theory, the contract established chronological theory, the sellers freely choosing to delivery theory, etc. In the field of ordinary movable and special movable, the 9th and 10 th regulations in "Business Contract Judicial Interpretation" respectively regulate the specific standards, but because of the problems in the theory and logic, contrary to the basic principles of modern civil law, denying the freely choosing right of the sellers, imperfection of terms, contradictions in logical structure, triggering criticism of scholars.The scientific and rational ownership acquiring syn-position regulations of the multiple sales contracts shall start from the special real right alteration mode in our country, implement credit equal principle, establish the freely competitive consciousness, fully respect the seller’s freely choosing right and respect the realistic practice. Therefore, in this article, the author tries to seek and demonstrate the factors that influence the ownership syn-position and tries establishing a rational, legal and effective ownership acquiring syn-position regulations standard. In the field of real estate, this article analyzes the registration priority protection view, possession of priority protection view, prior founded contract priority protection view, free to choose the transaction view. We choose the possession of priority protection view as its core to construct the property’s syn-position to multiple sales contracts rules. We analyze right in regarding possession on the basis of debt relationship, give the position of quasi proprietor to the possessor. In the field of ordinary movables, this article This article firstly points out problems that the judicial interpretation of the contract for the sale of ninth. Then analyzes protection for acceptance of delivery view、advance payment priority protection view、prior founded contract priority protection view, free to choose the transaction view. We choose the free to choose the transaction view as its core to construct the property’s syn-position to multiple sales contracts rules. In the field of special movables, We choose the registration priority protection view as its core to construct the property’s syn-position to multiple sales contracts rules. Registration shall be protected prior to acceptance of delivery.