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Research On The Order Of Performance Of The Contract Of "one House For Sale"

Posted on:2022-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:X X JiaFull Text:PDF
GTID:2516306530978779Subject:legal
Abstract/Summary:PDF Full Text Request
"Multiple business of a house" means that the seller signs multiple house sales contracts with multiple buyers on the same house and realizes economic benefits by transferring the ownership of the house.The phenomenon of "multiple business of a house" not only involves the order of performance of multiple sales contracts,but also involves rights protection of the buyer who has not actually acquired house ownership.However,due to the limitation of the article topic,this paper only discusses how to determine the order of performance of multiple sales contracts.This paper analyzes and discusses the legal dilemma in solving the contract dispute of "one house sale" in China from three aspects: economic reasons,the time difference between the establishment of creditor's right and real right and the legal system.In combed our country solve "a room number to sell" the sequence of the contract disputes,on the basis of relevant theories,analyzes the domestic 42 representative cases involving line to make sure of the contract,summed up the court solve such cases the referee thought in our country,found in the judicial practice in our country determine the "one room number to sell" the sequence of the contract.Referring to the standards and countermeasures in solving this problem outside the region,this paper puts forward suggestions for the determination of the performance order of the sale contract of one house under different circumstances,striving to conform to the real right change mode in China,closer to the current situation of the real estate market,so that the legitimate rights and interests of the parties can be treated more fairly.
Keywords/Search Tags:Multiple business of a house, contract performance rank, ownership
PDF Full Text Request
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