Research On The Risk Burden Rules Of Multiple Buying And Selling Of Houses

Multiple transactions of houses are common in transaction activities.This article focuses on the issue of risk burden in the case of multiple transactions of houses.This paper studies,refines and organizes the current risk burden rules on multiple transactions of houses in China,in order to make breakthroughs in judicial Similar problems encountered in practice play a certain reference role.In reality,sellers often enter into multiple sales and purchase contracts due to economic interests.When all house sales and purchase contracts are legally valid,the house is damaged or lost due to floods or other unpredictable situations.How is the loss distributed? This issue has been controversial in the legislative changes of mainstream countries.Our country has adopted a deliveryist position on this issue,but our research on the multiple burden of risk in trading is mainly concentrated in the field of movable property trading.The rules regulate it,and the only one that clearly explains the problem is the Article 11 of the "Interpretation of Contracts for the Sale of Commercial Houses." Scholars at home and abroad have made a detailed comparison of the advantages and disadvantages of deliveryism and ownershipism,but have not yet concluded.In terms of the structure of the content,this article takes the argumentation formula from shallow and deep research topics,and at the beginning opens the door to set out the central argument.In the following texts,it discusses different aspects of the central argument.These arguments are consolidated.The author first defines the risk burden rules for multiple purchases of houses,showing the purpose of the article,and discusses the keywords appearing in the article in turn,such as the definition of "multiple purchases","risks" and "risk burdens".It also adopts conventional research methods,supplemented by case analysis methods to explain individual difficulties.That is,through literature review,analyze and compare the different understandings of the predecessors about this argument.This is mostly to understand the vertical development of Chinese law.Based on this,use the horizontal comparison of comparative law to study mainstream foreign countries,that is,the legal system is complete Countries with deep legal traditions and legal origins,such as Germany,France,the United Kingdom,and the United States,corroborate the author’s arguments based on their countries’ legislative choices on deliveryism and ownership.Later,we discussed the establishment of deliveryism in our country,and defined "delivery" as the actual possession of the house and the ability to control the facts,but the foregoing must be in the sales contract.At the same time,it researched whether the actual delivery and the concept delivery were simultaneous and unbiased.Finally,it was concluded that under the concept delivery,there are both applicable deliveryists and non-applicants.Possession is modified as an exception because it is related to delivery.The connotations are not the same,and other concepts of delivery can be applied without bias.After a lot of research and comparison,the author first affirmed the current deliveryism,but there are still many problems.If the risk burden rules are not distinct from the individual systems,but can be applied simultaneously or as a logical predecessor successor relationship,they can be used in combination with the liability system for breach of contract,especially when the seller’s fundamental breach of contract can be traced back to the buyer’s termination of the contract It has a logical predecessor and successor relationship with the insurance system.The vesting of risks determines the vesting of insurance benefits.Finally,it is possible to make targeted answers to the aforementioned questions and make suggestions for the organization of specific laws and regulations,which is helpful to the systematic construction.At the same time,for the loss of houses under natural disasters,special insurance remedies must be constructed,and the main body of the insurance can be divided into two types: the state and the market.In this way,the risk burden rules for multiple purchases of houses can be improved.