What is multiple buying, multiple buying and selling legal knowledge

The so-called multiple sale refers to the fact that the seller enters into two or more sales contracts for the sale of the same property, forming two or more sales creditor's rights and debts relationship, and they overlap each other in content.

The phenomenon of multiple buying and selling has existed since ancient times, and it is especially common when fluctuations occur. Most of the reasons lie in the fact that the sellers seek their own interests without regard for their credibility and do not keep their promises. In other words, this act is the most direct violation of the principle of good faith.

For a long time, China's law has lacked due regulation of such behaviors, and the contract law has not set any provisions to regulate and adjust this. A series of issues arising therefrom, such as how to determine the validity of several sales contracts, the buyer's right of revocation, the legal nature of the resale of the same subject matter that has been transferred to others, and how to deal with the torts and liabilities in the process of contract performance, are all problems that exist in judicial practice and need to be solved urgently, and need to be studied in depth.

How should the validity of several contracts in respect of a thing be determined? In judicial practice, there is a practice of determining the validity of a contract based on the order in which it is concluded, which is incorrect. In the field of debt law, the principle of priority arising first in property law does not apply to obligatory acts.

Creditor's rights should be recognized as valid except for the fact that their purpose cannot be objectively determined from the beginning, violates the mandatory provisions of the law, violates public order and good customs, and other special provisions of the law. Each of the multiple sale and purchase contracts shall be valid as long as it meets the above requirements.

Therefore, it is not possible to confirm the invalidity of contracts other than the first contract in a multiple sale contract on the basis of whether or not it can be actually performed. As to how the seller performs the overlapping debts in a multiple sales contract, it is mainly determined by the seller's intention to express it, which is determined by the freedom of the sale. Thus, when the seller performs all of them, it is unable to pay the other buyers, and the other buyers may exercise their rights in accordance with the provisions on non-performance of the obligation.

Even in the case of a sale of immovable property or movable property subject to registration, the first buyer has acquired or is in possession of the subject matter, and the seller has transferred ownership of the subject matter to the subsequent buyer through registration.

Multiple Sales: Multiple Purchases of Houses.

Summary. The validity of the determination of multiple sales and the sale of a quantity of one thing is different, since each contract of multiple sales has the right to dispose of it, so each contract is valid, while in the case of a sale of a number of goods, the contract concluded because it has no right to dispose of it is valid, and the contract concluded under other conditions is invalid, and the seller can be held liable if the buyer fails to obtain ownership in accordance with the contract.

1. What is the difference between multiple buying and selling and selling for one item?

1.Multiple sales refers to the act of entering into sales contracts between a seller and multiple buyers with a specific subject matter (movable or immovable property), and multiple sales involve two legal issues that need to be resolved, one is the validity of each sales contract, and the other is which buyer can obtain the ownership of the subject matter.

2.The traditional theory has always adhered to the "equality of claims" and held that all claims should be equally protected, but it has adopted an evasive attitude towards how the seller performs its delivery obligation and which buyer obtains ownership, resulting in many inconveniences in judicial practice.

The difference between selling a single item and buying and selling multiple items.

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The validity of the determination of multiple sales and the sale of a quantity of one thing is different, since each contract of multiple sales has the right to dispose of it, so each contract is valid, while in the case of a sale of a number of goods, the contract concluded because it has no right to dispose of it is valid, and the contract concluded under other conditions is invalid, and the seller can be held liable if the buyer fails to obtain ownership in accordance with the contract. 1. What is the difference between multiple buying and selling and selling for one item? 1.

Multiple sales refers to the act of entering into sales contracts between a seller and multiple buyers with a specific subject matter (movable or immovable property), and multiple sales involve two legal issues that need to be resolved, one is the validity of each sales contract, and the other is which buyer can obtain the ownership of the subject matter. 2.The traditional theory has always adhered to the "equality of claims" and held that all claims should be equally protected, but it has adopted an evasive attitude towards how the seller performs its delivery obligation and which buyer obtains ownership, resulting in many inconveniences in judicial practice.

Legal analysis: The so-called multi-upgrade resale refers to the fact that the seller enters into two or more sales contracts for the sale of the same property, resulting in two or more noisy sales creditor-debtor relationships, and these two or more creditor-debtor relationships overlap each other in content.

Legal basis: Article 598 of the Civil Code of the People's Republic of China provides that the seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

Legal analysis: The so-called multiple sale refers to the fact that the seller enters into two or more sales contracts for the sale of the same property, forming two or more sales debts to a debt-only relationship, and these two or more creditor's rights and debts overlap each other in terms of content.

Legal basis: Civil Code of the People's Republic of China Article 598 The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

Legal analysis: The difference between multiple sales and sales of one item is that the seller enters into two or more sales contracts for the sale of the same property, and the two or more sales claims and debts overlap each other in terms of content. The act of entering into multiple sales contracts for one item will cause significant losses to the interests of the buyer, as long as the buyer encounters a situation that can make the seller bear legal responsibility.

Legal basis: Article 595 of the Civil Code of the People's Republic of China A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price. Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit for performance, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Legal analysis: The so-called multiple sale refers to the fact that the seller enters into two or more sales contracts for the sale of the same property, forming two or more creditor-debtor relationships for the sale of the same property, and eliminating the overlapping content of these two or more creditor-debtor relationships.

Legal basis: Civil Code of the People's Republic of China Article 598 The seller shall perform the obligation to deliver the subject matter to the buyer or the documents for the delivery of the subject matter, and to transfer the ownership of the subject matter.