An Exploration Of The Legal Path That Regulates The Benefit Of The Breaching Party In The "one Thing Two Sale"

In the civil and commercial transactions,the phenomenon of “one thing and two selling” is widespread.After comparing the expected profit with the cost of default,the contracting party may choose to resell the contracted object to a third person by default to achieve maximum benefit.In the case of one item and two selling,usually the second buyer obtains the ownership of the subject matter by means of public delivery means of delivery or registration,and the first buyer can only request the seller to bear the liability for breach of contract based on the sales contract.However,this liability for breach of contract is not sufficient for the protection of the first buyer.Different from the attitude of rational breach of contract advocated by efficiency breach theory,the author believes that the behavior of “one thing and two selling” not only violates the principle of good faith of contract law,but also in the case that the current legal system cannot achieve sufficient relief for the observant party,The behavior also violates the fairness principle of contract law and even damages the normal trading order of the market economy.It is necessary to explore and perfect the regulatory legal path for the benefit of defaulters in “one thing and two sells” in order to realize the value of contract law.The first part mainly analyzes the basic legal relationship of “one thing and two sells” and puts forward the main questions of this paper: how the benefits of default occur and whether it is necessary to regulate it.The second part mainly discusses whether the compensation for traditional breach of contract damages based on compensatory nature is sufficient to make up for the damages suffered by the observant party in the “one thing and two sells” and to realize the benefit of the breach of contract by the default party.In particular,the deficiencies of the traditional breach of contract damage compensation system are demonstrated by the limited scope of the available benefits and the damages for breach of contract.On the basis of the analysis of the first and second parts,the third part explores the benefits of defaulters in the regulation of “one thing and two sales” by referring to the method of extraterritorial law.It mainly includes the benefit of the defaulting party as the basis for adjusting the liquidated damages,calculating the loss of the expected benefits of the observant party based on the benefits of the defaulting party,the analogy applicable claiming compensation system,and introducing the default benefit compensation system to regulate the defaulting party.The fourth part is the conclusion.This part compares the solutions or scenarios proposed in the third part,and analyzes the advantages and disadvantages of various programs.At the same time,the main purpose of the writing purpose of this article is to make a brief summary of the writing content.