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本文总结了学界关于多重买卖合同效力的观点,提出并论证后买受人单纯知情情况下应该认定为合同无效。在普通动产多重买卖的履行顺序中的各种学说,付款在先规则和合同成立在先规则违背了债权平等性原则,缺陷明显,笔者提出竞价购买及变价受偿说。
This article summarizes the academic view on the validity of multiple contract of sale and purchase, arguing that after the buyer is simply informed, the contract should be considered invalid. The various theories in the fulfillment order of the ordinary movables, the prior rules of payment and the first rule of the contract violate the principle of equality of creditor’s rights. The defects are obvious. The author proposes that the purchase of the bidding and the compensation for the changed prices be said.