The Standard Of The Ownership Of Property In The Housing Multiple Sales

The phenomenon of housing multiple sales is gaining momentum under the influence of rapid development of the market economy. In the transaction process, the seller would sell the same house to multiple buyers in order to maximize the economic benefits, based on the features of real estates including high value, market scarcity and rigid demand. However, current legislative and judicial explanations haven't specified the actual performance sequence and the ownership of property in the abovementioned multiple sales scenario. Although the Supreme People's Court established relevant provisions serving as a proper legal guidance in settling the contract performance sequence disputes occurred in the multiple sales of properties, there is still much room for further discussion in the rationalities of these provisions.Therefore, based on analyzing the characteristic of the housing multiple sales, comparing the judgment standard of the ownership of property under different patterns of real right alteration and investigating the judicial practice and theories of the judgment standard about the ownership of property of the housing multiple sales in our country, this paper divides specific manifestation of the housing multiple sales, analyzes the application of the ownership of property judgment standard under different situations and proposes some of my own superficial opinions on the issue of the ownership of property in the housing multiple sales.Besides “introduction” and “conclusion”, this paper consists of the following four sections.The first chapter, which is “The Overview of The Housing Multiple Sales ”, summaries the characteristics of the housing multiple sales by clarifying its connotation and concrete patterns of manifestation, and analyzes the condition and reason for the occurrence of the housing multiple sales under certain historical, social and economic background.The second chapter, which is “The Standard of The Ownership of Property under Different Legislation Models”, analyzes the standard of foreign legislation in determining real right ownership in real right alteration by comparing different patterns of real right alteration and relevant laws and regulations about the ownership of property under different patterns of real right alteration.The third chapter, which is “The Standard of The Ownership of Property in the Housing Multiple Sales”, systemizes different opinions of theories about the order of performance and the ownership of property in multiple sales, and analyzes the general situation of legislation of the standard of the ownership of property in the housing multiple sales in our country currently by combining with relevant regulations and instructions in the judicial practice of our country.The fourth chapter, which is “My Opinions on The Ownership of Property in The Housing Multiple Sales”, selects the judgment standard of the ownership of property under various specific situations in the housing multiple sales based on categorizing the housing multiple sales through analyzing the validity of contract in the housing multiple sales, determines the order of performance and the ownership of property under specific situation and proposes some of my own opinions for relevant judicial interpretation which is being drawn up.