On The Compulsory Execution Of House-purchase In Others’ Names

House property is a prerequisite for people’s stable life.With the rapid development of community economy and the rising house prices,policies of macroeconomic control in view of the real estate market have been introduced one after another;thereby,the phenomenon of house-purchase in others’ names has also came into being.For many reasons,some interested parties would prefer to use others’ names to purchase house property and proceed to house property registration.The consequences of "separation of names and facts" caused by this behavior of borrowing names not only set off a heated debate in the field of substantive law,but also has brought great challenges to the compulsory execution work.How to deal with the conflict of interest between the name-lending person and the person applying for execution is the focus issue during the compulsory execution of the name-lending person as the person subjected to execution.While how to guarantee the realization of the legal right of credit of the person applying for execution is the key point of the problem in the compulsory execution of the name-borrowing person as the person subjected to execution.It involves the attribution of property ownership of the house property in a borrowed name,the treatment of the rules of conflict of rights,the legal prerequisite setting of seizure,application scope definition of subrogation execution and the expansion of the application scope of subrogation litigation.With regard to the compulsory execution of house property in a borrowed name,the existing legislation has not been clearly defined,and judicial practice has not reached a consensus,that the emergence of the disordered implementation has damaged the credibility of the judiciary.Therefore,it is necessary to attach importance to this issue.Most of the previous papers are only started from the perspective of substantive law.Under the aspect of both substantive and adjective laws,in this paper,the research approaches including case study,statistical analysis and comparative research are adopted to systematically study the compulsory execution issue of house-purchase under the name of others,and put forward more satisfying solutions,so as to help solving such tough problems for enforcement.Besides the introduction and conclusion parts,a total of four thousand words are included in the main text,which is divided into four parts:The first part: The current status of compulsory execution under the situation of house purchase in others’ names.First of all,the existing regulations on the compulsory execution of house purchase in others’ names are reviewed;and through case research,the present situationof judicial practice for such compulsory execution issues is investigated.It is discovered that whether it is name-lending person subjected to execution or name-borrowing person subjected to execution,with regard to the compulsory execution of the property in a borrowed name,our country has not made explicit and systematic regulations;in judicial practice,processing of the people’s court is unified as to whether compulsory execution is proper or not.Although the Supreme Court and some of the local supreme courts have issued some exploratory opinions,but these opinions are diversified,which are not conducive to the proper solution of such cases.The second part: Theoretical analysis of the name-lending person as the person subjected to execution.In this part,it is mainly focused on the compulsory execution with the name-lending person as the person subjected to execution.Its core focus is how to balance the conflict of interest between the name-lending person and the person applying for execution when the People’s Court deals with this issue.First of all,the property right ownership of the name-lending house property should be defined in substantive law;and on this basis,to analyze and expound the problems such as the right of credit enjoyed by the name-lending person cannot be used as the reason for excluding the compulsory execution,the legitimacy of the name-lending person’s right of existence is superior to the execution of right of credit,as well as the examination and judgment standard of objection lawsuit execution are analyzed and demonstrated,so as to provide guiding principles for the setting of final processing schemes of compulsory execution for the name-lending person as the person subjected to execution.The third part: Theoretical analysis of name-borrowing person as the person subjected to execution.In this part,it is mainly focused on the compulsory execution with the name-borrowing person as the person subjected to execution.When the name-borrowing person becomes insolvent,how its creditors could realize legal right of credit through compulsory execution of name-borrowing house property.Firstly,it is analyzed the execution necessity of name-borrowing property registered in the name of a third party.On the premise that it is proved necessary to execute the name-borrowing house property so as to realize the legal right of credit,it is further discussed on such issues as the examination of the legality prerequisites of the house property seizure,the definition of the scope of application of subrogation execution and the expansion of application scope of subrogation litigation,with the hope of laying a theoretical foundation for the protection of the legitimate right of creditof the name-borrowing person’s creditor.The fourth part: The solution of compulsory execution in the case of house-purchase in others’ names.This part carries on the above ideas,and puts forward corresponding solutions for the compulsory execution of the name-lending person as the person subjected to execution as well as the compulsory execution of the name-borrowing person as the person subjected to execution.In the compulsory execution of the name-lending person as the person subjected to execution,by introducing guarantee of the right of existence,the people’s court should take compulsory execution as the principle and exclude the compulsory execution as the exception.In the compulsory execution of the name-borrowing person as the person subjected to execution,through the setting of the special prerequisites of legality for seizure,the name-borrowing house property can be directly applied for seizure when the person applying for execution meets the special prerequisites of legality for seizure;in the case of not meeting the special prerequisites of legality for seizure,the applicant can apply for subrogation execution and prosecute subrogation litigation successively to realize its legitimate right of credit.