The Research On Legal Issues Related To Auction In The Coercive Execution Procedure

In the coercive execution procedure, auction is a preferred step for cash. The research on legal issues related to auction in the execution is necessary as it is related to the justice and efficiency of the execution procedure as well as the equilibrium of interests of parties concerned. This thesis illustrates the nature of auction from the legal sense, then analyses causes that justify the court as auction implementer and discusses issues on auction base price, venue and public announcement. Here also provides an in-depth analysis of issues involved in the legal validity of coercive auction, such as delivery of money received from the auction, the obtaining and delivery of the ownership of auction items and related risks, the bargainer's claim for defect guarantee, and the bargainer's exemption from encumbrances created on the subject matter. The thesis also puts forward the views in relation to execution practices. The paper is a theoretical attempt to seek effective coordination of various relationships involved in the auction execution, appropriate solutions to disputes thus occurred and justice in maintaining interests of parties concerned, through properly defining the nature, validity and procedure of auction taking place in the coercive execution.