An Exploration Of The Buyer's Interest Balance Model In The "one House Two Sale" Dispute

The trade market of house property in China has been extremely active in the past few years,and the number of disputes on house property are increasing as well,especially double-sale cases,which has been paid consanguineous attention by both theoretical circle and practice circle for many years.If one house was sold twice by its owners or developers,not only the stability of real estate trade market in china will be influenced,but also it affects the living welfare of residents.Under the current practical circumstance,there are several rules for double-sale cases even though there aren't specific rules in Chinese Civil Law for this kind of cases.Only by these rules,however,cannot meet the needs with the economic and social development.Therefore,this article is trying to summarize the categorization of double-sale practices in order to solve several main issues in practice.According to the different behaviors of the two buyers,such as whether they have signed contrasts or not,whether they have been using the subject house or not,and whether any of two buyers have the property registered or not,there are five main categories,which are needed to be analyzed.All these cases in this article are from civil judgements of different courts.By analyzing these cases,the tendentiousness on how judges will decide which part in double-sale cases should be protected will be summarized.As for the effect of obligation,judges tend to give a positive result,which caters to the spirit of how to solve contrast cases under the guidance of the Supreme People' s Court of the People's Republic of China.While for the effect of real right,judges tend to strictly follow the rule on the changing of the property rights due to there are nothing else to follow in Chines Civil Law as is mentioned before,which apparently will not be able to solve all double-sale cases.In this case,this article aims at summarizing and reorganizing several practical rules for double-sale cases on the basis of current rules so that judges can choose from these rules when confront double-sale cases.This article explains why these rules are practical by using two common thinking,one is benefit-balancing and the other one is analogy-applying.In addition to that,the creative point of this article is its research method which is combining theoretical study with practical study for the purpose of offering problem-solving methods.The cases that are analyzed in this article are real,and all the rules are summarized from these cases.From practice to theory then to practice,all these rules can be persuasive.The last part of this article is analyzing the reason why there are increasing number of double-sale cases and then provide three ways to compromise the interest conflict of the two buyers in double-sale cases.