多重房屋买卖合同效力研究
发布时间：2018-07-21 14:42
【摘要】：买卖是社会生活中最普遍、最基本的交易形式。房屋买卖是以房地产为标的物的买卖行为，实践中，，房屋买卖纠纷时有发生，尤其在一房多卖的情形下，对于物权变动模式的选择、多重房屋买卖合同的效力、多重房屋买卖合同履行等问题在司法实践中存在较大分歧。本文对上述问题进行了系统的梳理与思考，并通过法理论证提出了一些法律建议。 本文第一章首先对多重房屋买卖合同的含义进行了探讨。本文所指的多重房屋买卖合同是指出卖人与先买受人签订了以房屋为标的物的买卖合同后，在先买受人取得房屋完整所有权之前，出卖人又就同一房屋为标的与后买受人签订买卖合同。这种一房多卖现象的出现，多数是由于房屋出卖人为了追逐经济利益而为之。此外，从法律层面来分析，债权的平等性是多重房屋买卖发生的基础，债权发生与物权变动的时间差是多重房屋买卖发生的时间条件。除非债权发生与物权变动能同时完成，否则多重房屋买卖就能成立。 本文第二章对多重房屋买卖合同效力判定的法律依据进行了梳理，并分析了三种物权变动模式对多重买卖合同情形下房屋所有权归属的影响。多重房屋买卖合同效力的认定，只要出卖人与前后各买受人订立的房屋买卖合同，分别满足合同有效的各项要件，不违反法律的强行性规定或社会公共利益，就可以认定各房屋买卖合同均是有效合同，并且各房屋买卖合同效力平等，不存在前合同效力优先于后合同。另外，房屋买卖合同是否进行登记，房屋所有权是否发生变动都不会影响房屋买卖合同的效力。 本文第三章通过对四种情形的类型化分析得知出卖人与买受人进行交付或预告登记会产生不同的法律效果。在多重房屋买卖合同均有效的情况下应优先保障已预告登记的买受人的权利，其次是保障已受领交付而占有房屋的买受人的权利。最后，笔者对“出卖人自主选择说”、“先行支付价款说”、“合同成立在先说”、“买受人先请求说”以及“占有优先保护说”进行了法理论证，并在收集整理我国最高人民法院的司法解释、地区高级人民法院的指导意见以及学者观点的基础上，对处理同一房屋多重买卖纠纷的各买受人权利保护的顺位、买受人得请求房屋所有权转移的登记、其他买受人的利益保护及违约责任的具体适用问题上提出了一些法律建议。
[Abstract]:Trading is the most common and basic form of trading in social life. Housing sale is an act of buying and selling with real estate as the subject matter. In practice, the disputes of house sale occur from time to time, especially in the case of one house selling more, for the choice of the mode of real right change, the effectiveness of the multiple house sale contract. There are great differences in the judicial practice about the fulfillment of multiple house sales contracts. This paper systematically combs and ponders the above problems, and puts forward some legal suggestions through legal argumentation. The first chapter of this paper discusses the meaning of multiple house sale contract. In this paper, the multiple house sale contract means that after the seller and the first buyer sign the contract of buying and selling the house as the subject matter, before the first buyer obtains the complete ownership of the house, The seller on the same housing as the target and the buyer signed a contract of sale. This one-house oversold phenomenon, mostly because of housing sellers in pursuit of economic interests and do it. In addition, from the legal level, the equality of creditor's rights is the basis of multiple housing transactions, and the time difference between the occurrence of creditor's rights and the change of real rights is the time condition of multiple housing transactions. Unless claims occur and property changes can be completed at the same time, multiple housing transactions can be established. The second chapter combs the legal basis of the validity judgment of the multiple house sale contract, and analyzes the influence of three kinds of real right change mode on the ownership of the house under the situation of the multiple purchase and sale contract. As long as the seller and each buyer conclude a contract for the sale of a house, the validity of the contract shall be satisfied respectively, without violating the compulsory provisions of the law or the public interest of the society, so long as the validity of the contract is confirmed. It can be concluded that all housing purchase and sale contracts are valid contracts, and each house sale contract has equal effect, and no pre-existing contract has priority over post-contract. In addition, whether the house sale contract is registered, whether the house ownership changes will not affect the validity of the house sale contract. The third chapter shows that the seller and the buyer can produce different legal effects through the typology analysis of the four cases. In the case of multiple housing sales contracts are valid, priority should be given to the rights of the buyers who have been registered in advance, followed by the rights of the buyers who have received the delivery and occupied the houses. Finally, the author makes a legal argument on "the seller's independent choice", "the advance payment price", "the contract established in the first place", "the buyer's request first" and "the possession priority protection theory". And on the basis of collecting and sorting out the judicial interpretations of the Supreme people's Court of our country, the guiding opinions of the regional higher people's courts and the views of scholars, the order of protection of the rights of buyers who deal with the multiple sale disputes of the same house is ranked. The buyer may request the registration of the house ownership transfer, and some legal suggestions are put forward on the protection of the interests of the other buyers and the application of the liability for breach of contract.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.6
本文编号：2135857
[Abstract]:Trading is the most common and basic form of trading in social life. Housing sale is an act of buying and selling with real estate as the subject matter. In practice, the disputes of house sale occur from time to time, especially in the case of one house selling more, for the choice of the mode of real right change, the effectiveness of the multiple house sale contract. There are great differences in the judicial practice about the fulfillment of multiple house sales contracts. This paper systematically combs and ponders the above problems, and puts forward some legal suggestions through legal argumentation. The first chapter of this paper discusses the meaning of multiple house sale contract. In this paper, the multiple house sale contract means that after the seller and the first buyer sign the contract of buying and selling the house as the subject matter, before the first buyer obtains the complete ownership of the house, The seller on the same housing as the target and the buyer signed a contract of sale. This one-house oversold phenomenon, mostly because of housing sellers in pursuit of economic interests and do it. In addition, from the legal level, the equality of creditor's rights is the basis of multiple housing transactions, and the time difference between the occurrence of creditor's rights and the change of real rights is the time condition of multiple housing transactions. Unless claims occur and property changes can be completed at the same time, multiple housing transactions can be established. The second chapter combs the legal basis of the validity judgment of the multiple house sale contract, and analyzes the influence of three kinds of real right change mode on the ownership of the house under the situation of the multiple purchase and sale contract. As long as the seller and each buyer conclude a contract for the sale of a house, the validity of the contract shall be satisfied respectively, without violating the compulsory provisions of the law or the public interest of the society, so long as the validity of the contract is confirmed. It can be concluded that all housing purchase and sale contracts are valid contracts, and each house sale contract has equal effect, and no pre-existing contract has priority over post-contract. In addition, whether the house sale contract is registered, whether the house ownership changes will not affect the validity of the house sale contract. The third chapter shows that the seller and the buyer can produce different legal effects through the typology analysis of the four cases. In the case of multiple housing sales contracts are valid, priority should be given to the rights of the buyers who have been registered in advance, followed by the rights of the buyers who have received the delivery and occupied the houses. Finally, the author makes a legal argument on "the seller's independent choice", "the advance payment price", "the contract established in the first place", "the buyer's request first" and "the possession priority protection theory". And on the basis of collecting and sorting out the judicial interpretations of the Supreme people's Court of our country, the guiding opinions of the regional higher people's courts and the views of scholars, the order of protection of the rights of buyers who deal with the multiple sale disputes of the same house is ranked. The buyer may request the registration of the house ownership transfer, and some legal suggestions are put forward on the protection of the interests of the other buyers and the application of the liability for breach of contract.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.6
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