The Sequence Research On The Rights Of House Dual Sales Situation

Under the planned economy system,China’s urban housing implements freedistribution system,so the situation of house dual sales mostly does not exist. Butunder the condition of the market economy system, house dual sales often occurs,when all buyers don’t handle their registrations of transfer of ownership, that who canfirstly obtain the ownership dispute of housing, has become a hot issue in modernsociety. Dual sales involves contract relations and property relations, research on dualsales have reached consensuses, including: first, about the validity of the contract,except proving that the buyer and seller have their behaviour of malicious collusion toharm the interests of the nation, collective, and any third party, the contract iseffective. Just knowing the exist of earlier contract does not affect the validity of thecontract.Second, based on the sale of contract,the change of real property right takeseffect in accordance with the registration.On the sequence of the rights of house dualsales situation, every place issued different opinions, at this time, that how to solvethe housing sale disputes, is not only an important task of all courts to achieve fairnessand efficiency, but also an important research topic of law.Based on studying overseassystem design of properties being sold twice, this paper further makes a type researchon the sequence of rights of our national house dual sales situation, and also makes adeep discussion on the problem of ownership.The first chapter introduces the connotation of dual sales, the regulations issuedby some local courts and the order of rights principles. Based on the economic benefits or considering family affection, friendship and some other non economicfactors, the dual sales phenomena often occurs, it is difficult to be excluded. At thesame time, different legal culture, have very different evaluation as for the morality ofdual sales behavior.The second chapter mainly carries on research from the comparative law. TakingFrance, Germany, Japan and so on as the samples, this chapter studies their designabout dual sales system. It summarizes our country’s theories about the sequence onthe rights of house dual sales situation and analyzes.The third chapter is discussed from a typed perspective, putting forward auther’sview.When all of the buyers haven’t gotten the register of ownership transference,thearticle demonstrates from the burden of risk, possession of functions, the right in remand the right in rem de facto. Law not only pursuits fairness and justice, but also trysto reduce the cost of dispute resolution, in order to improve the efficiency of resolvingdisputes. So,when each party only has pure debt, giving judges some discretion.The fourth chapter is the conclusion of this article, the buyer who possesseshouse shall have priority to get the ownership. Under other circumstances，variousof elements shall be took into consideration.