The Buyer Cancellation Claim and the Tenant Priority Claim in Auction--Analyzing the Disputes in An Auction Case
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F321.1

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    Abstract:

    Two problems often appear in estate auction.The first is to whom the buyer can claim cancellation of the contract,if he can't get the estate.The second is whether the tenant can still claim his priority to the estate.In auction,we can't use the principle of agency,fiduciary and mediation to explain the relations among client,auctioneer and buyer,because it doesn't accord with the auction practices and the Action Law section 40.The undisclosed agency in Contract Law may be an adapt explanation to the relations.According to the law hermeneutic,we should narrow the scopes of the tenant priority and exclude it from auction.

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张舫 赵青.拍卖买受人的合同解除权与承租人的优先购买权——对一起拍卖合同纠纷案的分析[J].土木与环境工程学报(中英文),2006,28(3):127~131

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  • Received:October 20,2005
  • Revised:October 20,2005
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