On The Legal Effect Of Multiple Deal Contracts

“One thing for multiple sell has a long history.” The market economy is flourishnow. Frequent trading is bringing a lot of disputes. Due to the holder of the blindlypursuing benefit maximization, losing credit and seeking self-interest, the seller sellsthe same subject matter for many times to different people. So the buyers cannotrealize the contract purpose.And they have to suffer heavy losses. In this case, whatis the legal effect of multiple deal contracts directly affect the interests of the buyerprotection. The supreme people’s court enacted the Contract Law Interpretation (II)article15and the Relating to Business Contract Dispute Case Applicable Law theInterpretation of the Problem article3.The articles both give the buyers the right ofcalling to account for breach of contract. Substantially, it provides a more adequatelegislative basis for further proving the validity of multiple deal contracts.This paper consists of five parts. It discusses the legal effect of three kinds of themultiple deal contracts. It combines with the theory, legislation and judicial decisionsin the process of proving the legal effect of multiple deal contracts in order tointerpret the legitimacy and its significance to the legal effect of the contracts.The first part is introduction. It briefly illustrates the contractual relationshipunder the multiple deals. No matter if the buyer has not obtained or goodwill obtainedthe ownership of the subject matter, the interests are closely related to theeffectiveness of the sales contract. The two latest judicial interpretations continue theunauthorized disposition people betray others thing in the world to enter into acontract by the validity of the argument. Also it shows the clear attitude of thelegislation for such contract. Based on the value analysis of legal relationship of themultiple deals, it has substantial justification to admit the legal effect of the multipledeal contracts. It is also good for coordinating the relationship between the interestsof the conflict between the parties.The second part discusses the legal effect of the multiple deal contracts, whichthe buyer cannot obtain the ownership of the subject matter. Actually the contract ismade by unauthorized disposition people. The legal effect must be proved in the recognition pattern of real right alteration in China is Formalism of creditors rights.Law of contract fifty-first “disposition” refers to the creditor’s rights contract which ismade for changing the real right. So the legal effect of the contract shall be judgeaccording to regulation requirements of the general validity of civil juristic act in theGeneral Principles of the Civil Law article55. It is not affected the contract effectwhether the seller has a disposition. If the multiple deal contracts have the legal effect,the buyers have the right of calling to account for breach of contract and obtain thecompensation.The third part proves the legal effect of the multiple deal contracts that thegoodwill buyer will obtain the ownership of the subject matter. The premise ofGoodwill Obtaining is a person transfers to a transferee immovables or movableswhich he has no right to dispose of. The same as no right to dispose of system, it is tosolve the problem because of the right to dispose of behavior and the related legalproblems. In essence the contract is made by the person with unauthorized disposition.According to the Property Law article15, the creditor’s right that is stipulated in thecontract is separated from the real changed right. The general requirements of thecontract determine the effectiveness of the sales contract. It is not affected by otherfactors. Sure the validity of the contract, which is beneficial to fully protect theinterests of the bona fide buyer.The fourth part is the demonstration of real estate after the advance noticeregistration to conclude contract effectiveness. Creditor’s rights have the exclusiveproperty rights after the advance notice registration of claims. It can dispose of itscontent of real right of realty. The contract after the conclusion of the disposition ofreal estate should still be valid. In the multiple deal cases, the buyer after theconclusion of the contract cannot obtain the ownership of the subject matter. But thebuyer can still be for the seller’s liability for breach of contract and make up for theloss.The fifth part is the conclusion. The interest relations are complicated in themultiple deals. But the supreme people’s court judicial interpretation has the clearattitude. It is good for ruling the contract effectiveness and is advantageous to the measured benefits and trade-offs. It can fully protect multiple business interests of theparties under the contract.