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The Ownership Of The Subject Matter In The Movable Multiple Business

Posted on:2016-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2296330479988295Subject:Law
Abstract/Summary:PDF Full Text Request
Movable multiple business is a common phenomenon.When the sellers face greater interest choices,they may sign a number of contracts with two or more persons on the same subject matter.However,there is only one subject matter,and the seller can’t deliver the subject matter to each buyers. Well, which buyer should the seller deliver the subject matter to?And which buyer should get the ownership of the subject matter? This is a problem which must be addressed in the movable multiple trading.Article 9 and article 10 of "The Interpretation of the Supreme Peoples Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts" respectively provided the order of general movable property and special movable property multiple business contracts. Both of the articles agreed that the buyer who takes delivery first would obtain the ownership of the subject matter. If no one has taken delivery, the articles stipulated some rules, such as paying the price priority,a prior contract,etc.The judicial interpretation of Article 10 also stipulated the delivery was prior to registration.The judicial interpretation was questioned by the educational circles.Some of the standards violated the basic legal theory and the current law, and they might cause more problems when applied in practice.Therefore, we need study further on this issue.In chapter one of my paper,I gave the definition of the movable property,the general property and the special property,analyzed what the multiple business was and why it produced,and gave legal evaluation.In chapter two,I analyzed how to ensure the ownership of the subject matter in the multiple business of the general movable properties. I analyzed the defects of the current legal system of our country,introduced and evaluated various theories on the order of multiple contracts,so as to put forward my own point of view. Finally,I analyzed whether the subjective condition of the latter buyer would influence the ownership of the subject matter or not. In chapter three,I studied how to ensure the ownership of the subject matter in the multiple business of the special movable properties.I analyzed the defects of the judicial interpretation and transferring rules of property rights of special properties.I studied which was prior when registration and delivery conflicts in the rights change of special movable properties.
Keywords/Search Tags:Movable property, Multiple business, Ownership, Transferring of property rights
PDF Full Text Request
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