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The instalment that buy a car wants to notice

来源: 作者:Stand originally 时间:2008-12-25 Tag: 点击:

Instalment buys a car to appear first in home was 1996 Chang'an of the end of the year abstruse develop rolls out in Beijing " ten thousand and eight, abstruse pictures leaves come home " . Enter 1997, to enlarge a sale, occupational market, fu Kang, Qienuoji, Chang He, nimble is amounted to, began car of instalment carry out Sangdana in succession, obtained good outstanding achievement.

Current, instalment buys a car to be in home is wide already to spread out, this on one hand a few rounder be versed in the car dream of firewood a group of things with common features, also bring to people on the other hand a few think. Because the car is one special commodity, add our country to did not adjust instalment technically to buy the law of the car, code now, so, in using an installment plan to sell the process of the car, the legal risk that existing to comparative.

One, double buying and selling. With the car guaranty means instalment buys a car, betray a person to be in after signing contract of buying and selling with vendee, sell this car again with the 3rd person when, how should be handled? This should divide kind of case: (If 1) betrays person and vendee to have not be in charge of a branch to deal with droit move to register to the car, and with the 3rd person Yi Wei is dealt with register, existing with respect to same car at this moment two creditor's rights. Implementation vendee and the creditor's rights of the 3rd person by betray him person to decide. To failing to obtain the one party of car droit, betray person agree to carry responsibility of breach of contract. (If 2) betrays person and vendee to did not deal with car droit move to register, and dealt with droit move to register with the 3rd person. When prevenient vendee cannot acquire car property, he can be based on a contract to find out the responsibility of breach of contract that sells a person. When betraying person and vendee to deal with car droit move to register, nonexistent the issue that sells a person to have double business, the droit that because sell a person,already did not enjoy a car.

With droit reservation means divides a paragraph to buy a car, before because of be in vendee pays total value gold, car droit is belonged to all the time sell a person, reason betrays a person to have the possibility that has 2 heavy buying and selling. According to civil code principle, betray a person to may give former vendee to cause huge loss the car. For example armour is in in second agency with droit reservation means buys a car, before paying price of last first phase gold, the third with concessive and well-meaning droit of second general car, was in charge of a branch to undertake registering to the car. Below this kind of circumstance, because armour does not have droit to the car, cannot defy third returns the request that returns a car. If second already went bankrupt right now, the loss of armour is very big. Visible, below the situation that buys a car with instalment of droit reservation means, prohibit selling a person 2 be made over again or gift vendee with strong counterplea it is very important.

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