The Research On The Legal Mechanism Of The Protection Of The Prior Buyer’s Rights

The thesis has four parts. In the preface, I have introduced the reason why I study on the protection of the first buyer in the view of the sales contract of special movable property. The reason is that the shift of ownership of special movable property is concerning to delivering of ordinary movable property and registering of real estate. As a result, the variable characters of the shift of the ownership of the special movable property lead to the complexity of the practice of the shift of the ownership of the special movable property and helps the second buyer and seller prevent the shift of the ownership.In the first part, I have doubted the theory supporting the events of two conflict contracts aiming at one goods. The theory of "if the seller can get more by breaching a contract, he can do it reasonably" can’t exist in practice and the theory of "legal actions can’t restrict the shift of ownership" is too strict that it has led to some problems.In the second part, I believe that, if the second buyer and the seller have the collusion, the contract between them will be illegal; if the second buyer and the seller desire to violate right of the first buyer in the way of harming custom, the second buyer and the seller will bear the responsibility of tort. And I believe that, the contract of the first buyer and the seller can restrain the second buyer who know the existence of the contract of the first buyer and the seller, if the contract between the second buyer and the seller violate the right of the first buyer, the shift of the ownership between the second buyer and the seller will be illegal; if not, the contract will be legal.In the third part, I believe the rule of "compensation will be limited to what the party who breach the contract can realize before the contract being signed" and the rule of "the party who don’t breach the law have to take actions to prevent the damage enlarging, or he will not get the compensation relating to the enlarging damage" in Chinese law will encourage the seller sign two conflict contracts aiming one goods to violate the right of the first seller. In order to protect the first buyer, I believe that, if the first buyer can get other goods in the market to take place of the goods in the contract, he can buy other goods and ask the seller for the compensation which is the more money he has cost in buying the other goods. If he can’t, he can agree with the seller previously that the seller must convert the money the seller get from the second buyer to compensate him when the price between the seller and the second buyer is higher. When the price between the second buyer and seller is lower unreasonably, I believe the transfer of the ownership between the second buyer and the seller will be illegal.In the fourth part, I believe that the legal interpretation on the sales contract not taking into the parties’mentality is reasonable. And the effect of the holding and registering of the special movable property is the same.