Research on the Buyer's Rule of Normal Operation in Civil Code Based on the Perspective of Understanding of Applicable Conditions

Abstract

Article 404 of China's Civil Code stipulates the buyer's rule of normal operation. However, there are considerable disputes about the applicable conditions of this rule in both academic and judicial fields. Starting from the perspective of legal provisions, combined with academic viewpoints and overseas judicial experience, this paper analyzes the three applicable conditions of "normal business activities", "reasonable price has been paid" and "achieving mortgaged property" stipulated in the law and Whether the buyer should have subjective goodwill by means of case analysis and comparative study, in order to obtain a more comprehensive and accurate understanding of the applicable conditions of the buyer's rule of normal operation.