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The Order Rules And Perfection Of The Multiple Contract On Commercial Housing In China

Posted on:2019-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2346330542997653Subject:Law
Abstract/Summary:PDF Full Text Request
The multiple sales contracts for commodity housing refer to the sale and purchase agreements(including real estate developers or ordinary property rights owners)for several sale and purchase agreements between the same target home and several buyers,in order to realize the economic benefits of transferring commercial housing ownership.According to the principle of“one property and one right",a specific subject house can only be transferred to one of the buyers.Under normal circumstances,the seller of the commodity house will perform to the last buyer with the highest bid to assist him in registering the transfer.The formalities that led to the performance of several sales contracts could not be resolved with respect to the rights of the victim buyers.There are obvious differences between multiple sales contracts for commodity housing and single sales contracts,which have their own distinctive features.Due to the high value of commercial housing and its strong regional and scarcity,commercial housing in some places is irreplaceable.For example,"school district housing" is located in key schools.Buyers want ownership of commercial housing and are unwilling to ask for a sale.People assume responsibility for breach of contract.At present,the concept of disputes in China ' s refereeing of multiple selling contracts for commodity housing is:under the premise of following the principle of good faith,the lawful rights and interests of the observing parties are protected according to law,taking into account the objective performance of the contract and the purpose of the contract,and at the same time the seller and after-bought The malicious collusion damages the legitimate interests of the recipient first,and then maintains the transaction security of the commercial housing sales contract in China.At present,there are various forms of disputes in this category of disputes.In addition to the two parties' registration procedures and "malicious collusion",some parties have gone through advance notice registration or p-registration procedures,and some buyers actually legally own the subject.Houses;the proportion of the two sides paying the house payment,the order of the contracts signed by the two parties are different,etc.These factors may determine whether the buyer can eventually obtain the target house.By summarizing the experience of the refereeing of multiple selling contract disputes in commercial real estate in major developed countries and in Taiwan,China has provided rich judicial experience in the order of the execution of multiple sale contract disputes in commercial houses in China.Whether it is the United States of the marine law system or the judiciary experience of the civil law systems such as Germany and France,it has a positive impact on China' s handling of such disputes.Depending on the subjective mental attitudes of the post-buyer and the post-buyer,it is determined whether the sale of the house signed with the house seller is legal and valid,and ultimately the owner of the subject can be obtained.The contract signed by a well-intentioned post-buyer and the seller of the house is legal and effective;and the contract signed by a malicious post-buyer and the seller of the house will be deemed null and void if the contract signed in collusion damages the legitimate interests of the third party.However,in the judicial practice,many referees regard the mere malice as malicious collusion to negate the validity of the contract signed by both parties.Judging from the principle of encouragement of transactions in the contract law,as long as the two parties do not malicious collusion damage the interests of third parties should agree that the contract signed by both parties is legal and effective.For a purely malicious situation,it can be remedied by requiring the homeowner to assume responsibility for breach of contract,and even by increasing the liability for breach of contract,the seller of the home will not dare to breach the contract.In accordance with the principle of equality of civil subjects,in the handling of multiple sales contract disputes of commodity houses,the legitimate interests of the pre-buyer and the post-buyer shall be equally protected,combined with the subjective mental attitude of the buyer and the use of the advance notice registration system,actual lawful occupation,etc.Various factors to ensure the order of the parties' performance.Therefore,simply based on the principle of good faith,it is difficult to guarantee that the buyer can eventually obtain ownership of the subject house.To this end,it is necessary to improve the order of fulfillment of disputes over the sale of commercial housing contracts.
Keywords/Search Tags:Selling one house to multiple-buyer, Changing of the property rights, Predicting registration
PDF Full Text Request
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