Research On The Protection Of The Buyer’srights In The Action Of Objection To Execution

The important judicial basis for the court to hear the lawsuit of objection to the execution of the real estate of the outsider is the judicial interpretation of the Supreme Court.Because the research on the lawsuit of objection to the execution of the real estate of the outsider is still in the development stage in China,the judicial interpretation cannot be used in practice,and it is difficult to guarantee the strong protection of the right of expectation of the outsider.However,it is common for those who have permanent property to have perseverance Under the recognition,it is particularly important to protect the expectation right of the right of non case personage.First of all,this paper takes the case of xx Wang,xx Liu and xx Song as the research object,from two different ways of transference,namely,house payment and house sale,to evaluate the three major focus issues of this case: 1.Whether the buyer’s rights can resist the enforcement;2.Whether the house payment agreement can resist the enforcement;3.Whether there is malice in this case Litigation.Thus further analysis of China’s relevant laws and regulations on the buyer of real estate and the transferee of the right to housing for debt.The relevant judicial interpretation made by the Supreme People’s court clearly stipulates that the expectant right of real right of the buyer should be protected,but whether the transferee whose right is similar to the right can be included in the scope of protection is the key part of this paper;secondly,while clarifying that the transferee who uses the house to pay the debt has no counter enforcement,the article analyzes the house purchase under the law The conditions for the legal protection of the buyer are clearly stipulated in the law and judicial interpretation,that is,the real right expectation right of the buyer of the real estate under what conditions is protected;finally,the law wants to protect the legitimate rights and interests of the buyer,but the result is not satisfactory,the reason is not only that there are loopholes in the law itself: the provisions of the law are not clear enough,the operability is not strong,and it is easy to give evil The formation of litigants can take advantage of the opportunity.Through the study of real cases,this paper points out that there are some problems,such as the inadaptability of legal provisions and practical operation,as well as the law’s regulation of malicious litigation and other issues,while ensuring the realization of the right of expectation of the buyer of real estate.In order to ensure the realization of the right of expectation of the buyer of real estate,it should be clear that the agreement of housing for debt can not resist the enforcement,and strengthen the prevention and regulation of the abuse of the enforcement objection litigation.In order to make the relevant laws of the protection of the buyer of real estate in the enforcement objection litigation perfect,it should be clear about the content of the relevant legal provisions and the content of judicial interpretation,To increase the logicality between the articles of law and the articles of law,and to comprehensively consider the multiple factors such as the rules of real estate property change,transaction form,etc.,while improving the relevant elements against compulsory execution,we should also prevent and regulate the behavior of abusing the objection of execution and stop the phenomenon of malicious litigation..