A Study On The Legal Problems Of Housing

A room to sell, refers to the housing seller in with the first person to buy the housing sales contracts, and not yet for housing ownership transfer registration procedures, and the housing sold to second buyers, and even in second people did not apply for housing ownership transfer registration procedures, once again with third people, fourth people signed housing sales contracts. "One thing to sell, since ancient times," with the rapid development of China’s market economy, increasing the number of private real estate transactions also brought a lot of economic disputes, some people blind pursuit of the interests of the maximum, "not good faith, figure self-interest", resulting in a house to sell many times over and over again. This result is the distinction between real right and creditor’s right of real estate transactions, the effect of the number of sales contracts, real property ownership issues, etc.. In the same sale contract, the distinction between the rights and interests of the creditor’s rights and the property rights are different, which leads to different effects of different sales contracts. Because in a room to sell more than one case, involving a variety of legal relations, the main body and a variety of interests needs, it is more requirements of the judicial practice and the theory of the real right in the issue of real estate and the issue of interest balance and trade-offs, in order to resolve the various issues in the transaction. Therefore, based on the analysis of the case to discuss with Mr. Li to a house was sold to more than one person, Mr. Wang Liu litigation tort disputes triggered, two-tier different verdict, a detailed analysis of the a house many times sale of two major legal issues, after the formation of a contract for the sale of the effect and the real right change rules. In this paper, five parts, the structure is as follows:The introduction briefly describes the cause, purpose of this article, and the current situation of our country’s legislation and the practical significance of this paper.Text the first part briefly introduces the the deed to the case studies and the court of second instance to make different judgments, and then summarized in this paper, the author discusses the two disputes focus, finally analyses the reasons from many aspects.The second part and the third part of the paper are discussed in detail. Among them, the second part discusses the problem of the validity of the contract of sale, which is divided into null and void, the effect to be determined and said to be effective. The third part from the mainland legal system of real right change mode to China’s real right change mode of choice, and finally according to our country’s real right change mode of seven kinds of different situations of the housing ownership. At the end of the second and third parts are combined with the assessment of the case the trial judge’s choice.In the conclusion of the paper, some suggestions are put forward to the legislative and judicial practice.