Study On The Legal System Of Multiple Sales Of Special Movable Property

Due to the increasing competition in the market economy, more and more transactions are not good faith emerging, the impact of market stability, multiple trading is one of them. Many businesses in order to achieve the maximization of benefits, often do not comply with the order of transaction, and two or more buyer is with a standard concludes respectively number a contract for the sale, and thus lead to the market a large number of credit transactions. This is not only against the legitimate rights and interests of the buyer, but also to the market economic order of great damage, harmful to the normal development of China's market economy. To this end, the Supreme People's court formally implemented in 2012 the "Supreme People's Court on the judicial interpretation of the contract for the sale of understanding and application of" multiple sales problems make provisions.For special chattel multiple trading rules, the provisions of national legislation is indeed is one of the few, mainly manifested in the meaning of Marxist claims,property formalism and credit formalism these types of patterns of real right alteration.China's "contract judicial interpretation" in article tenth of the production of special dynamic winning multiple sales of the ownership standard made clear. According to the relevant provisions of the real right law of the People's Republic of China, Article10 of the standard although conducive to quickly solve the special chattel multiple transactions in the presence of disputes. However, there are still some problems,including the provisions of Article 10 of the weakening of the effectiveness of the registration, unable to protect the goodwill buyer, the property changes of overall coordination and system impact may eventually lead to problems of judicial interpretation difficult to achieve the purpose of, to solve these problems, from different aspects put forward suggestions to improve. Including should strengthen the protection of the interests of the buyer in good faith, in order to better safeguard the legitimate rights and interests of the bona fide buyer, emphasizes the potent registration on delivery, introducing advance payment rules.