Research On Multiple Sales Contract Of The Movable Property

Multiple salesusually called“one object sold for times”are a phenomena that theseller sold a specific object to two or more buyers. In2012, The Supreme Court published the newest judicial interpretation:《Interpretation of the Supreme People’s Court on Issues Concerning theApplication of Law for the Trial of Cases of Disputes over Sales Contracts》. Of which the article nine and article ten there have been some special adjustments and regulations in relation to the ownership of the subject matter right in multiple sales of the movable property and the order of performance of the contract. The two legal relations involvdin creditor’s rights and real rights are combination of creditor’s rights behavior and act of real right. Notwithstanding, the ultimate purpose of the act of purchase and salelies in that the buyer obtains title of subject matter and the seller acquires money asconsideration, which means that the occurrence of alteration of the movable real right is based on the contract relation. However, contract belongs to the the legal relationship of creditor’s rights, according to the principle of distinction, whether it is set upand in effect or not is based on the contract law, and contract becomes the reason actof the real right alteration. The sales contractrelation pertains to the obligatory relationships, and the availability thereof is restrained by the requirements of civil action efficacy, mandatory provisions of contract law and the basic principle of civil law. In general, the multiple sales contracts shalltake effect except otherwise it is against the foregoing requirements. Where there ismultiple sales on ordinary movable property the second and third paragraphs of the judicial interpretation take the theory of first payment of the price and first formationof the contract. That still is a potential threat and unpredictable hazard when it comesto the function of keeping good economic activities and ensuring the transaction security. Therefore the civil law shall offer relevant remedy approach in every respect.