Research On Multiple Trading System Of Special Movable Property

Article Tenth of the judicial interpretation of the contract of sale and purchase provides for the order of performance of the contract of multiple sale and purchase of special movable property,and has been criticized for violating the principle of compatibility of creditor's rights and equality of creditor's rights by the criterion of obtaining the title of the subject as a buyer.There is still a debate about the relationship between registration and delivery in the sale of multiple transactions of special movable property by the seller.In addition,the seller's choice of authority,based on the identity of the owner,allowed the seller's right to choose to be respected.As the criterion of contract performance,the contract is confused with the performance of contract obligations and the change of real right,and the basic principle of equality of claims should be abolished,so as to replace it with the method of combining the order of performance with the seller's ability of compensation.In addition,the relationship between delivery and registration in the case of multiple trading of special movable property should be analyzed without neglecting its reasoning in order to respond to questions from all parties.Through four parts,the author discusses the multiple trading system of special movable property,and the first part carries on the value judgment and the benefit measure to the special chattel multiple sale behavior.This paper probes into the relationship between multiple trading behavior and the principle of good faith,in order to remove the influence of the subjective malignancy of the seller on the regulation of multiple trading acts,and to determine that the main body of the benefit measurement in the case of multiple buying and selling is each buyer.The second part explores the problems existing in the multiple buying and selling rules of special movable property,mainly discusses the problem of delivery uniqueness,the relationship between multiple trading system and the principle of one right,the legitimacy of the seller's choice,the analysis of the legal nature of the mere knowledge,the validity of the contract as the order of performance of the contract and the relief of the buyer,with a view to clearing the way for multiple trading regulations.The third part of the "Property law" to understand and interpret the 24 th article,by exploring the "property law" 24 th and "the judicial interpretation of the contract of sale and purchase" article tenth on the relationship between delivery and registration,the relationship between delivery and registration and the order of performance of special movable property has a unique decision path.The Part IV discusses the criteria for determining the attribution of multiple trading property rights of special movable property.Adhere to the current law on the special chattel ownership of the delivery of entry into force,registration of confrontation on the basis of the legal system,combined with the special movable property registration delivery of the reality of existence,so as to identify special movable property after the buyer through registration and registration at the time of delivery of the test of the reality of delivery to obtain the subject matter ownership.Out of the inherent thinking path,this paper discusses the ownership of the subject matter under the condition that the seller has full compensation ability,and bears the liability for damages for breach of contract of the buyer who has not obtained the ownership of the special movable property.On the basis of the previous discussion,this paper puts forward the criteria for determining the attribution of real right in the case of multiple trading of special movable property.