The Study On The Order Of The Performance Of The Movable Property Multiple Sales Contract

Movable multiple sales is a phenomenon that the seller selling the only subject matter of the contract to different buyers.From ancient times to the present,multiple sales is often seen.In today’s economic life,transactions often have significant amount.If multiple sales were to happen,it will get a lot of attention with its vast consequences for economy and society.Although the law guides and regulates the trading behavior,but based on the special attributes of the real estate itself,real estate multiple sales phenomenon still happens often.Therefore the principle dealing with the specific performance of dual buying and selling contract of movable property plays a quite important role and is worthy of consideration and study without doubt,for the reason that it directly determines who the subject-matter should belong to.The first part of this paper mainly presents the background of real estate multiple sales.The first section defines the concept of the movable property multiple sales.The second section analyses the reason for the movable property multiple sales from two angles.One is the pattern of property right change,another is the principle of real right publication and public trust.The second part analyses the problems to be solved in the real estate multiple sales dispute on the basis of different types.The first section firstly defined the rules of real right change of general chattel and special chattel.The second and the third section type the dispute of general chattel and special chattel multiple sales respectively,and point out that the problem of the of the order contract performance is the the research focus.The third part elaborates different kinds of theories and analyses the existing system on the basis of different types.The existing various theory and China’s judicial interpretation of the provisions can’t solve the real estate sale contract to perform multiple sequence problem,but bring the new problems.The fourth part puts forward to the path of determining the order of the real estate multiple sales contract.Adhere to the principle of equality of creditor’s rights,make the seller decide whom to perform,and improve the relevant legal system in order to achieve the balance of value of social credit and debt equal.Finally,the conclusion part expounds the conclusions of this paper:it should be adhered to the principle of equality of creditor’s rights,let the seller to choose the object to perform the contract obligation independently.