特殊动产一物数卖所有权归属理论探析——以《买卖合同司法解释》第十条为中心.pdfVIP

Abstract Several sales of one item is pointed out that selling the same subject matter to several person with a number of sales contracts. the property has specificity, lead to the contracts cant all performance, thus these contracts are effective, and several buyers require performance, the disputes brought difficulties to the judicial practice . Article 10 of Judicial Interpretation of Sales Contract made the rule about how to deal with the seller „s resale act. Although the interpretation rules brought a unified specification, the referee to provide convenience for the judicial practice, based on the knowledge of civil law theory and the actual situation, some rules have problem , in violation of the principle of civil law and theory. The first part of the article introduce the rules of the special movable property and several sales of one item in our country at present , and puts forward some problems, such as the transfer rules of special movable property, the patter of transfer of registration, the conflict between delivery and registration, and has the contract which set up firstly can perform firstly, these are the problem which want to solve. The second part to analyze the transfer rules of special property. Firstly we analyses the delivery to take effect. Our country adopts is formalism mode , not meaning. If article 24 is not in the form of the general provisions, is must have a clear otherwise specified, otherwise, can only think its apply the patter of delivery to take effect and registration confrontation. The article 24 of property law in the second chapter, and the provisions in article 23 after the transfer