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Housing two heavy trading Legal Issues
Author: MaHongXia
Tutor: SunYi
School: Heilongjiang University
Course: Legal
Keywords: Housing two heavy trading Validity of the contract Property ownership Remedy
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract
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Commodity house double buy and sell, is a typical real estate dual sales, is pointed out that to sell and the buyer conclude the sale and purchase contract, without transferring ownership, and signed on the same building business contract with a third person. In the real right formalism mode, when the seller and the buyer conclude a sales contract, if not further with the aid of the real right contract transfer the ownership of the subject matter to the buyer, the seller is still is the ownership of the subject matter. In creditor's rights mean socialist mode, under the premise of established in the sales contract, the seller to the buyer to enter into a business contract, business contract between the parties is to betray others thing in the world of business contract, was invalid. In creditor's rights formalism mode, if the seller and the buyer conclude a sales contract, after the delivery of subject matter with the buyer, or to go through the formalities of the transfer of the registration, then the buyer is to obtain the ownership of the subject matter. Did not obtain the ownership of the property of the buyer remedy to remove contract, ask the seller compensate for the losses, after exercise the cancellation right, confirm that seller and buyer malicious collusion to sign the contract is null and void.
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CLC: > Political, legal > Legal > Chinese law > China and France
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