Civil Regulation Of Selling One House To Two Buyers

In recent years, real estate market is becoming lively. In this case, the real estate market is lack of the regulations without strict registration. What is the worse, the law about that market is not perfect, and the execution is also thoroughly. For more benefits, some property developers and other house holders sells the one of their houses to two buyers, even to more than two buyers. Because of that malfeasance, more and more transaction disputes which is about large treasure happen more often. As the result of misconduct, it may cause social instability. The housing transaction is the hot pot in people’s livelihood, and is the foundation of people’s life. Because of that reason, our country must protect people keeping their house legally and integrallty. On the contrary, many people cannot hold the trading house after they paying for it, because the house seller sells the same house to another people. And the market rule and the macro-control of our country is not perfect, which make things worse. In this background, we should give the case a theoretical discussion, find the cause and make a corresponding solution to maintain the transaction security.This thesis can be divided into three parts:In the first part, it gives the case that a house is sold to two buyers a basic situation, with the subject, object and behavioral feature of the case. The case means that property developers and other house holders sells the one of their houses to two buyers with two contracts but only one buyers in them can take the ownership of that house legally. The after-buyer has three kinds of subjectivities——they are bona fide, mala fides, and malicious collaboration. Then it gives the reason of this illegal transaction.In the second part, the theory juristic act of right in rem has been given a detail introduction as the same as the theory of the changes of real rights. The changes of real rights can be divided in three kinds of legislative mode which are obligatory right will, real right formalist and obligatory right formalist. And in the different kinds of legislative mode, the result of conduct is also different. Our law takes principle of the formalism, and we should analyze the reasons.In the third part, it analyzes the different subjective states between the seller, pre-buyer and after-buyer. The one with bona fide means that he did not know and cannot know that his own action or the counterpart is illegal. The one with mala fides means that he does know and should know that his own action or the counterpart is illegal. Malicious collusion refers to that in the activities, both parties damage the interests of others with fraud, for the purpose of the illegal interests. And beyond the different subjective states, the results of housing exchange are different, too. As the fact that there is something wrong with our regulations about the transaction of advance sale of commercial housing system and the second-hand house selling, we should take a measure to improve the protection for the buyers.Selling one house to two buyers at the same time involved the category of creditor’s rights law and property law. After definiting our creditor’s rights formalism legislation mode, we should find the shortage in regulations and actually manage. For that reason, we should prevent the case of selling one house to two buyers with social justice and efficiency. In this thesis related to One House and Two Buyers, I hope that we can find some helpful methods and inspiration.