Talk About "Judicial Interpretation Of The Contract Transaction" On Article Nine And Article Ten From The Perspective Of Equality Claim

In the society of market economy,multiple business occurs frequently.Whether the seller is for what purpose, the same subject matter has sold to more than one buyer,and who can ultimately to obtain ownership of the subject matter,the other buyer only claims for breach of contract or by tort liability and other ways to get compensation.Multiple business,in a number of sales contract is valid under the premise of multiple buyer require the seller to perform the contract obligation, and transfer the ownership of the subject matter, who take the ownership of the subject matter in the end.On the one hand, according to the principle of party autonomy, it considers the seller’s true meaning, which decide by the seller, what will be the subject matter delivered in the buyer; In the case of the seller fails to fulfill its contractual obligation, from the perspective of the creditors, according to the creditor’s rights and the principle of equality,the creditor’s rights enjoyed equally by the creditors won’t because time have any difference, all of them have the right to request the seller to deliver the subject matter, and transfer of ownership, the court will protect actively to the exercise of the interests of the creditor’s rights and claims of the buyer.There is no clear legal provisions, in Past countries of trade in the subject matter for multiple ownership problems, the academic circles have not formed a unified conclusion, cause the court verdict is differ, it provides the judicial practice background.We have witnessed that judicial interpretation makes an important contribution to the development of the contemporary Chinese rule of law in China’s judicial process, it can effective handle a case, but there is a question that the interpretation of the law should pay attention to the reasonable explanation or the correct explanation,it is a worthy of thinking deeply problem,it is a test for judicial interpretation team members.Talk about the latest business contract judicial interpretation for multiple sales order,which take a performance point of view, it is worth carefully reflect. Following the order of life is common, the business contract judicial interpretation also is trying to pursue the both of the interpretation of the reasonable and correction, but through the following analysis o, I’m afraid that the goal of the judicial interpretation will feel disappointed.