Dissertation > Political, legal > Legal > Chinese law > China and France > Property Rights

The room sell \

Author LiuZongYang
Tutor WangShiHu
School Southwest University of Political Science
Course Legal
Keywords real right change a room-two sell validity of contract ownership of the real property law applicability
CLC D923.2
Type Master's thesis
Year 2011
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With the development of marketability of real estate, now the phenomenon of“A Room-Two Sell”occurs in the courts here and there, especially when the market price of real estate fluctuates in a large scale. So undoubtedly, whether the phenomenon is accurate or not when involving in the suitability of law, relates to people’s security in buying houses. The problem, surely, helps the estate market to develop in a faster, more stable, and healthier way. In the passage, the author, in a detailed manner, analyzes the relative problems existing in disputes of house-sale contracts with the aid of a typical case that Zhangsan prosecutes Company A because of house-sale contract, hoping to avoid some unnecessary disputes in the future Judicial trial. The author launches elaboration and study based on the case, and then expands the theory suitably, which is to say, not only analyzes the case, but also elaborates some related problems and put forwards suggestions at the point of launching legislation and judicial trial. The main body includes six parts. The structure is as following.Firstly, the introduction offers a brief explanation on the causes and purposes of the study, and on the present situation and the practical meaning of the research in our country.Secondly, the first part of the main body introduces the case, the cause, the basic condition, and the final referee, which builds the foundation. Last of the first part concludes the focus of the disputes which is the main problem to be discussed.The second, third and forth parts provide detailed discussion on the former three focused disputes. The second part mainly deals with how to select in the changing model of estate right. Only in this way, can people determine whether there is debating on effect between the two business contracts, and can people determine the performing order in effective cases. Therefore, this problem which will be analyzed by some examples later comes the first.The third part mainly analyzes the effectiveness of the second contact in house-sale business. The author’s opinion comes after the statement of different opinions in our country. At last, the author states the judge’s viewpoint and its rationality.The forth part mainly comments on how to perform if both the contracts are effective. At first is the present situation in our country; then, the author indicates his own point of view and analyzes it with cases.The conclusion is the overall evaluation based on the former statements and explanations. Then, the author makes a conclusion, meanwhile puts forward applicatory suggestions on legislation and judicial trial, expecting to benefit the settlement of the law application in the“A Room-Two Sell”phenomenon.

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