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一物数卖的情况在生活中屡屡发生,在针对同一标的物订立数个有效的买卖合同的前提下,标的物所有权的最终归属值得我们研究。本文首先对一物数卖的概念及形成原因进行介绍,然后探讨一物数卖中合同都生效时标的物所有权的最终归属问题。本文对部分学者的观点进行了总结,然后提出了自己的观点,即在标的物所有权未移转且无其他优先情况时可根据出售人的自由选择决定标的物的归属。
The case of selling a few things happens frequently in our life. Under the premise that there are several effective sales and purchase contracts for the same subject matter, the ultimate ownership of the subject matter deserves our study. This paper first introduces the concept of a number of goods sold and the reasons for their formation, and then discusses the final ownership of the ownership of the goods when the contract is validated. This paper summarizes the opinions of some scholars and then puts forward my own view that the ownership of the subject matter can be decided according to the free choice of the seller when the subject matter ownership is not transferred and there is no other priority.