The Thing Sold Bonds To Fulfill The Order Of Questions

The resale act exists since ancient times, and occurs more frequently indeveloped market economy. The resale act, according to its different subject matters,can be divided into resale act of real estate, general chattels and special chattels. Thispaper aims to find out relative performance rules based on different subject matters,while at the same time probe into the commonness so as to pursue harmony and unityof the whole system.This paper consists of six chapters. The first chapter introduces the basic theoryof resale act, figures out the definition and features, elaborates the relationshipbetween resale act and the unauthorized disposition of other people’s belongings, andbelieves that the crux to solve resale act is to certify the rule of order of performance.The second chapter discusses the theoretical plight, actual plight and plight to prove inlitigation that the resale act faces with. The resale act are involved with the creditor’sright and real property, and are further related to the basic principles and values ofcivil law. The third chapter introduces theories and analysis of the order ofperformance in resale act, and reflects on existing theories. The fourth, fifth and sixthchapter is the essence of this paper, which mainly focuses on reconstructuring theorder of performance system of real estate, general chattels and special chattels inresale act.The fourth chapter concludes the guidance and provisions in courts on resale acton real estate in the beginning to find resolution, analyze the current situation andproblems in lacking of law or different provisions in different regions. Real propertyright transfer in China are performed under registration validity doctrine, while at thesame time, possession as factual status is also protected by civil law. By reanalyzingpossession theory, this paper tries to solve the order of performance in resale act underthe guidance of possession theory. Considering the significance of advance noticeregistration in real estate, advance notice registration should be fully taken advantageof in order to solve performance dilemma in resale act of real estate.The fifth chapter is analysis of and reflection on resale act of general chattels inexisting judicial interpretation, pointing out that the existing delivery and priceprovisions are meaningless and ambiguous. From the perspective of respectingtransaction, this chapter discusses the rationality of seller making decisions by himself in order of performance, which would not go against honesty or ethics, complies withthe efficient branch and autonomy of will theory, and will contribute to the economicand social development.The chapter six introduces the provisions and problems in order of performanceon resale act of special chattels, focuses on the relationship of delivery andregistration of special chattels transfer, and clarifies the effect and public trust ofregistration in the area. It is needed to enhance the effect of registration so as to builda registration-oriented order of performance.