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在发生一物数卖后,为了对数买受人利益进行合理的取舍与平衡,更为了消除一物数卖对健康市场的不良影响,意思主义和形式主义两种物权变动模式都竭尽其力,综合运用法律行为效力、物权变动与对抗等法理规制一物数卖行为。在意思主义法制下,一物数卖的主要问题是数买受人之间的物权对抗问题,意思主义法制下公示对抗力也基本上是放在一物数卖的情形来讨论的。但在形式主义法制下,一物数卖的中心却不是数买受人之间的对抗问题,而是物权归属问题及相关的债权问题。有鉴于此,笔者以一物数卖之典型表现--不动产二重买卖为视角,希图在充分比较意思主义与形式主义就二重买卖制度设计差异的基础上,对意思主义与形式主义这两种物权变动模式进行评价,以为在宏观上确立物权变动模式提供更为充分的合理化说明。
In the aftermath of the sale of one thing, in order to logarithmically choose the interests of the buyer to make a reasonable choice and balance, and more to eliminate the adverse effects of the sale of one thing on the healthy market, both the doctrine of aesthetics and formalism have done their best Force, the comprehensive use of legal acts, changes in real rights and confrontation and other legal rules of a number of selling behavior. Under the legalism of the doctrine of justice, the main problem of selling a number of goods is the question of property rights confrontation among the buyers. The antagonism of publicity under the legalism of the doctrine of doctrine is also basically discussed in the case of selling things by numbers. However, under the legal system of formalism, the center of a number of goods sold is not the confrontation between the buyers but the ownership of property and the related claims. In view of this, the author from the typical performance of a number of goods sold - real estate dual trading as a perspective, in the full comparison of ideology and formalism on the double trading system design differences, based on the doctrine of the doctrine and formalism Two kinds of changes in real estate evaluation model, in order to establish a macroeconomic real estate change model to provide more fully rationalized description.