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Research On The Problem Of Duplicate Sale Of Houses

Posted on:2018-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:D C MengFull Text:PDF
GTID:2346330542457750Subject:Law
Abstract/Summary:PDF Full Text Request
In China's social and economic life,duplicate sale of houses is becoming a prominent problem.Especially in recent years,with the real estate market is unusually hot,the number of real estate to sell the phenomenon is more frequent,a large number of such cases into the court,both to the court caused a huge trial pressure and social stability had an impact.Duplicate sale of houses both damage the legitimate rights and interests of home buyers,but also undermine the normal social and economic order of the country,and guide the bad society of bad faith,so legal means to regulate a number of households sold in imminent.This problem involved in complex legal issues,such as: whether the sale of a number of contracts have legal effect? Who can finally get the ownership of the house? How can a buyer who is unable to obtain ownership of the house be injured?This paper is divided into six parts.The first part of the question,pointed out in the moment to explore the issue of the number of real estate to sell the practical significance.The second part analyzes the concept and causes of the number of houses sold in commercial houses.First of all,to clarify the difference between the number of housing sales and other similar concepts,to clarify the characteristics of the number of real estate sold a house,combined with a typical case to reveal the consequences of selling a house of real estate.Secondly,from the multi-angle analysis of the number of housing sales of commercial housing.The number of housing a house to sell the reason why there will not only because of the market economy environment,people's profitability,more importantly,the existing housing transaction mechanism to the housing operator to sell a room to leave room.In the end of the real estate to sell a house number of the dangers described,first of all damage to the legitimate interests of the buyer,followed by the impact of the normal order of commercial housing transactions and contributed to the current price of speculation in commercial housing.In the third part,we discuss the contract problem of selling a house in real estate.There are multiple contracts for sale in a real estate,and the effectiveness of these contracts and how they are fulfilled are the most critical issues.In the first section of this section,the issue of the validity of multiple contracts of sale is discussed,and then the order of execution of the contract is discussed in two cases.The fourth part of the paper focuses on the real estate sales notice registration system.Firstly,the concept of the registration system and its value function are analyzed,and then the problems in the application of the notice registration system are analyzed.Finally,the alienation and perfection of the registration system are pointed out.In the fifth part,we discuss the issue of damages for one-room sellers.The number of houses sold against the legitimate rights and interests of the buyer,the seller should bear the liability of the buyer,but the key is how to compensate? How is the amount of compensation determined? This part is divided into three aspects: First,the system combs the number of cases of breach of contract,including liquidated damages,deposits,damages and actual performance.Secondly,it analyzes the applicable relationship between actual performance and damages.The amount of damages to determine the amount of the problem.The sixth part is the last part of the article combined with the previous analysis of the problems related to the number of houses in China put forward practical solutions,including: improve the notice registration system,the fair price to determine the amount of compensation,regulate the intermediary market,Staff training and the inclusion of a number of home sales blacklist.
Keywords/Search Tags:Commercial housing, Duplicate sale of houses, Claims, Real right penalty for damages, Regulatory approach
PDF Full Text Request
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