The Legal Regulation Of Repeated Transactions

In practice,the phenomenon of repeated transactions not only occurs in the real estate transaction field of property rights,but also in the transaction of intangible property such as debt,equity and intellectual property.From a legal perspective,the widespread existence of repeated trading phenomena is a coincidence? Or the inevitable result of theoretical institutional factors? How do these theoretical factors affect their legal regulation? Faced with these questions,this paper focuses on the common characteristics of repeated transactions,through the case data,analyzes the status quo and shortcomings of the existence of repeated trading legal regulation,and proposes a perfect countermeasure for the repeated trading legal regulation.In addition to the introduction and conclusion,the article is divided into five parts:Part 1 : The realistic form and legal definition of repeated transactions.A repetitive transaction is a phenomenon in which a transaction is concluded in which a transaction for the same property right is concluded with two or more opposing persons,and the two or more transaction relationships overlap each other in the object content.From the level of social practice to the level of judicial practice,to the level of substantive norms,the entry of legal transactions with the realistic form of repeated transactions is getting smaller and smaller.In the definition of law,the main elements of a repeat transaction include the transferor,the former transferee and the post-accreditor,and sometimes the former transferee or the post-accreditor's post-trader;the object element is an exclusive property right;The subjective elements include two aspects.First,the subjective state of the transferor is mostly intentional.Second,the subjective state of the post-acceptee is divided into goodwill and maliciousness,and in different situations in which the assignor has the right to dispose,the judgment criteria are Differentiated,the mechanism of action is also different;objective factors are characterized by a variety of transaction forms,and the contractual purposes of the two transactions can not be achieved at the same time.Part 2 :The theoretical roots of repeated transactions from the perspective of burden behavior and disciplinary behavior.The buds,development and legal evaluation of repeated transactions are deeply influenced by the legal behavior theory of “burden behavior-disposition behavior”.Specifically,it includes: theunnecessaryness of the disposition of the burden of behavior leads to the coexistence of the burdens of overlapping contents;the general lack of the effect of legal acts leads to the asymmetry of transaction information;the discretionary behavior is more important than the priority of the effectiveness of the burden behavior.The legal regulation of repeated transactions is insufficient to maintain the integrity of the transaction.Part 3: The general structure of repeated transactions from the perspective of burden behavior and disciplinary behavior.In order to overcome the obstacles of the empirical analysis of repeated transactions,this section finds that the change of property rights is actually one or several legal acts through analysis of the change patterns of four typical repetitive transaction objects of property rights,equity,money claims and intellectual property rights.composition.At the same time,its rights representation includes not only public notices that can be made known to unspecified obligors,but also representations that can be made known to specific obligors.Through analysis,this part finally draws the general structure of repeated transactions of “burden behavior + disciplinary behavior + representation behavior”.Part 4:The status quo and deficiencies of repeated trading legal regulations.This section uses "standard-like-reflection" as the analysis path.Among them,the criteria for the division of empirical forms include: the completion status of the two transactions before and after;the time point of occurrence of the latter transaction relative to the previous transaction;the subjective state of the latter transaction subject.After processing the empirical data,it is found that the existing legal regulation presents two kinds of ideas in the different state of repeated transactions: First,adopting the attitude of “correcting errors as much as possible” in the form I,while protecting the security of static transactions,The principle of honesty and credit is the last place in the ownership of property rights;the second is to adopt the attitude of“wrong and wrong” in the form II.While protecting the security of dynamic transactions,it also abandons the “law of emperor” of honesty and credit.At the same time,based on this,there are two shortcomings in the existence of legal regulation:First,the default cost of the defaulting party is too low,and the rights and interests of the observant party are not effective;secondly,the transaction security protection is artificially opposed to the principle of good faith.Part 5:Improve the countermeasures of repeated trading legal regulations.Inview of the shortcomings of the current legal regulation of repeated transactions,this part proposes from the following three aspects: First,strengthen the rights and interests of the observant parties,expand the scope of application of the existing profit surrender system and the punitive damages system,clearly The calculation criteria for the loss of interest,while distinguishing the different situations of the previous transaction price,the latter transaction price and the market price,apply the above three systems respectively;the second is to adopt the performance technical safeguard measures,with the automatic execution of the smart contract Reduce the probability of default risk;Third,improve the property rights registration publicity system,expand the scope of registrable property rights;establish a property rights registration system combining statutory registration and intended registration;establish a registration of property rights combined with centralized registration and decentralized registration system.