Abstract：Under the situation that there are no suitable rules for immovable property sale contract overlapping to satisfy the urgent need of judicial practice and introduce morality to legal rules, some legal norms of priority concerning realization and execution of credit of immovable property sale are enacted by technical specification and judicial interpretation within the court system. However, these legal norms cannot satisfy the requirement of systematization of the civil law, and appropriate norms of overlapping for credit are not clarified. Meanwhile, the current norms of overlapping are not justified fully. The norms of overlapping of judgment include: first priority occupied by lawful possessor; the first payer getting second priority; the third priority being the first contractor. The norm of overlapping for execution is that the contractor reaching a specific proportion can take priority than money obligatory. These norms of overlapping have the logical justice from the typology theory, and the rule of right appearance or policy considerations have reinforced the justice of the lawful possessor’s priority and the first payer’s priority.
雷秋玉. 不动产买卖合同竞合的规则提炼与证成[J]. 浙江工商大学学报, 2018, 32(1): 58-65.
LEI Qiuyu. Extraction from and Justification for the Rules of Overlapping among Sale Contract of Immovable Property. Journal of Zhejing Gongshang University, 2018, 32(1): 58-65.
2018, Vol. 32 
浙公网安备 33011802000512号