Study On Legislation Improvement Of Multiple Purchase Rules In China

In real life,it is very common that the seller is driven by interest to enter into a contract with multiple buyers for the same specific thing.On the premise of meeting the legal requirements,some sales contracts are legal and effective and should be fully performed.However,the specific subject matter can only be owned by one buyer.Therefore,there are many problems in theories and practices about how to arrange the order of performance of multiple contracts.The main function of the interpretation of contract of sale and purchase is to regulate the order of sale and purchase in multiple contracts,but the rules are not consistent with the basic principles of the debt law.On the one hand,this paper discusses the deficiencies of judicial interpretation through the study and discussion of the multiple transaction orders of movables and the analysis of the real right changed mode of special movables.And the study of movable property involved in a variety of legal relationships,but didn't get very good solution in the current judicial interpretation.This paper tries to find out academic theories and practical methods in the operation but without violations.The paper is divided into five parts.The first part is the introduction,which introduces the background,purpose and significance of the research and the current situations at home and abroad.The second part is to overview of multiple business,including the concept and types of multiple business introduction,the theoretical foundation of the multiple business and different real right change mode of multiple business processing rules of law.The third part introduces the related judicial interpretation for multiple business processing rule of law,including general chattel,special movable and immovable property of three kinds of interpretation of multiple business rules and the related theoretical controversy.The fourth part is to find out the existing problems of the current relevant legal rules,and combining theoretical analysis to reflect on the logical starting point and theoretical presupposition of the perfection of China's future multiple purchase rules.The fifth part is about the suggestions to improve the rules of multiple purchase in China including the legislative principles and specific ways to improve the rules for dealing with multiple business laws.