Study On The Effect Of One-room Oversale Contract

The construction of the city,the development of the country can not be separated from the active development of the real estate market,but also from the real estate transaction.The healthy development of economy needs a stable and safe real estate trading market.Real estate transactions include first-hand housing transactions,second-hand housing transactions.The housing type also has the collective land construction small property right house,the demolition resettlement house,the commercial housing and so on many real estate types.Horizontal view real estate transaction dispute has one house sell more,one house sell more and so on multi-dimensional dispute pattern,vertical view also has contract effect dispute,property right belongs to dispute and so on.During the period 2012-2014,there was an academic research climax on the validity of the contract The research on aspects,property ownership,property right prior to creditor’s rights,civil liability and criminal liability has also become the focus of debate between academic and practical circles.However,on the basis of one house and two sales,the author studies some legal problems related to the sale of one house and one house.There are many forms to sell more than one house,the author will sell more than one house into two situations,one is to sell more horizontal,that is,the first property owner sold their house to many buyers;the other longitudinal to sell more,that is,after the sale of two houses,the buyer sold the house.This article only studies the situation of longitudinal oversale.This article takes Qian Xiaomou v.Lin Zhimou,Qian Chengmou,Li Xiaomou,Ma Haimou and other cases as the entry point,through studying each contract signing process,the way of performance so as to study the validity of several contracts in one house oversale,thus leading to the bona fide acquisition and malicious collusion related legal research,against each party contract validity after the determination of relief right.Lee makes a simple explanation.This article starts from the case introduction strictly according to the thesis logical order,in the case displays the complex legal relation clearly in the chart form,the second part summarizes and extends from the big premise present legal stipulation,the third part namely according to the case concrete analysis many contracts validity and unifies the deep level malicious collusion behavior to discuss,finally draws the conclusion.