Judicial Relief For The Dispute Of "one Room And Two Sales"

In recent years,with the sharp rise in housing prices,there have been a lot of breach of integrity,malicious collusion of the one room two sell phenomenon.In the"one room two sell" case,because the two sales contracts can not be fulfilled at the same time,there will be at least one party can not obtain housing ownership,which led to a variety of disputes.The article focuses on the "one room two sell" disputes in the purchase of housing ownership of the right to buy the right to the issue of judicial relief.In the first part of the article,through the analysis of typical cases in which "a room two sell" in the dispute,the parties to the focus of controversy:approach effect before and after the two contract,how to determine the housing ownership and ownership of the right to relief.The second part of the article discusses the validity of the contract in the framework of the domestic and international legislation.The third part of the article,on the basis of the validity of the contract,the performance of the contract is to discuss problems of housing ownership attribution,referring to foreign laws and regulations,evaluation of the shortage of our country housing ownership rules,puts forward some improvement suggestions.The fourth part of the article,analyzes the domestic and foreign buyers of the housing ownership of the right to buy a variety of ways of relief and the defects and perfection of China's judicial relief.