Special Movable Property Rights Change Theory Research

Multiple transaction always exists in the activity of goods exchange. With thedevelopment of market economy, people’s living standards enhance sharply,consumption has become increasingly rich, so property disputes will be produced.This type of disputes is complicated and diversified, and the amount is keeping rising.Frequent trading makes the trader be eager to the profits. To maximum the profits,holders sometimes will neglect credit for their own profits, they will sell the samesubject matter to two buyers even more. In the aspect of sales contracts, multipletransaction exists.With the emergence of multiple transaction, related legal problems emerges. Inthe cases of multiple transaction, some buyers finally can not get the subject matterand then suffer great losses. Latest judicial interpretation promulgated by thesupreme people’s court about sales contracts disputes (hereinafter referred to ‘businesscontract judicial interpretation’)article10sets rights change about special movableproperty, but the theory and practice have a lot discussion about this article. Althoughthere is discussion about the problem, there are few literatures and monographsrelated to it, the author thinks that there is necessity for the study of this problem incurrent time, because trading is everywhere.This paper mainly discussed from the following four chapters: the first chapteranalysis the special movable property rights changes at the angle of comparative law, to comprehend rights change from the macroscopic of special movable properties.The second chapter discusses about requirements of the special movable propertyrights change. The third chapter is to analysis article10of business contract,clarifying the premise of the explanation and the order of the special movableproperty rights change, pointing out the incorrect, trying to reinterpret it. The fourthchapter is about epilogue,to evaluate and summary article10of business contract.Through the discussion of the above four chapters, the author tries to illustratethe following two questions: first, from the legal theory,there are some wrong placesabout article10of judicial explanation about the business contract,this article attemptsto clarify them. Second, in order to effectively alleviate and even solve the incorrect,the author tried to explain it on his own view.