The Study Of The Contract Disputes Of Multi-buy-and-sale Of Second-hand Houses

The dishonest behavior of landlords is not permitted by general social morality.The principle of good faith and maintaining the market order is the main principle ofdealing with such disputes. In order to properly solve this problem, the academiccircle and practical circle have done intense studies on the subject. Taking account ofall the complicated factors of deciding which contract should be performed, itconcludes those factors: whether one party has the actual possession, paying a certainpercentage of the house price, the will of seller, the order of signing the contracts,pure knowledge of the after-buyer, advance notice registration, network registrationand so on. Simple consideration of one factor can not solve this kind of disputereasonably and effectively. Analyzing the problems existing in the market sale ofsecond-hand houses and the defacts of related system and learning the experience ofextraterritorial legislation, it is better to solve this diputes properly. It mainly containstwo major problems, one is which contract should be given priority, the other is howthe buyer suffering the losses can obtain adequate compensation. How to perfect therelevant contract perform rule and damage compensation rule is crucial. This article isdivided into four chapters.The first chapter is the overview for multi-buy-and-sale of second-hand housescontract disputes. This chapter is divided into two parts: the first part is the analysis ofthe definition of multi-buy-and-sale of second-hand houses and to analyse the reasonsand consequences of multi-buy-and-sale of second-hand houses; The second part is topresent the crucial issues of multi-buy-and-sale of second-hand houses of this article,and then put forward that the performance rule of contracts and the damage compesation rule is the keys to this dipute.The second chapter is learning other countries’ experience of dealing withmulti-buy-and-sale of second-hand houses disputes and drawing lessons from them.This chapter is divided into three parts: the first part discusses how common lawcountries deal with this problem; the second part is how civil law countries deal withthis problem; the third part is the conclusion for our country.The third chapter is the perfection of resolutions for multi-buy-and-sale ofsecond-hand houses contract disputes. This chapter is divided into two parts, the firstpart discusses the principle of solving multi-buy-and-sale of second-hand housesdisputes including the principle of good faith, the principle of efficiency, the principleof taking priority to agreed remedies, the principle of protecting the interests of all theparties, etc.; the second part is to analyze priority to perform the rules, finding areasonable resolution through giving top priority factor, second priority factor andcomprehensive consideration factors.The fourth chapter is about the damage compensation system ofmulti-buy-and-sale of second-hand houses contract. This chapter is divided into twoparts: the first part is the calculation rule of damages through analysing remedy rightsthe vendee has; the second part is claim pure knowledge may constitute an "indirectinfringement".