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Research On The Auction Procedure In The Japanese Civil Execution Procedure

Posted on:2013-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2246330395988561Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
In practice,in any case to ensure a fair judgment on the content or the form, if theexecutive procedure can not play its due role, the crditor’s rights and interests that the lawpromises to give is only a "cake" on papers to fill their stomachs. While the real estate is oftenthe debtor’s most valuable property, and it is also fundamental for his life. With the instantincrease of real estate, to make the value of the debtor’s real estate maximized in the auction isof great significance. In the author’s mind, in order to make the compulsory auction procedureof the real estate goes smoothly, building a reasonable execution legal system is accessory. Sothe thesis takes the the Japanese real estate compulsory auction as its object of research, andanalyzes the characteristical regulations to improve our real estate compulsory action system.The text is divided into introduction and main body, introducing the compulsory auctionfrom four aspects.In the first part, starting from the natural and socio-economic attributes attributes, theauthor limits the range of real estate in the executive procedure with the connection theprovisions on real estates in Japanese civil law. The author also analyzes the executive organof the real estates auction in Japan, especially the status and the advantages of the executor asthe assistant in the auction procedures.In the second part, the author focuses the seizure procedure before the Japanese realestates compulsory auction. The first small part analyzes the way, advantages anddisadvantages of the Japanese seizure procedures. The second small part investigates theconflicts of registration procedure and the seizure procedure, namely the seizure proceduregoes ahead if the objection registration or noticing registration exists.,and wether the noticingprocedure can prevent the compulsory executive procedure. The third small part focuses onthe protections to the third party when the seizured real estates become the ownership of thethird party.The third part is the significant point of the thesis, which classifies the Japanese realestates compulsory auction into the preparation provision before auction, the executiveprovision of auction, and the distribution provision after auction. In the preparation provisionbefore auction, the analyzes the advantages and disadvantages of the Japanese valueevaluation system, the margin prepaying system, the within view system and the preservation system, and gives the resolution. In the executive provision of auction, the author reviews theadvantages and disadvantages of the way that the Japanese real estates auction, and tries togive suggestions to the situation that different potential buyers give the same price. Furthermore, the author analyzes the relevant Japanese provisions, summaries the principle ofJapanese provisions, and explains the advantages and disadvantages of liabilities on realestates. When the total value can not meet the need of all the creditors, the other creditors willresort to the same compulsory executive procedure to distribute the value.In the fourth part, the author analyzes the advantages and disadvantages of our realestates compulsory auction procedure, and gives suggestions by consulting to the Japaneserelevant provisions, namely clarifying the jargons and the object of seizure in the seizureprovision. In the auction procedure, the evaluation objects and evaluation organs should beclassified, and the sum and kind of margin should be added and increased. Finally, the hopethe compulsory execution procedure can be legislated independently, and set up thespecialized sections and chapters to the real estates compulsory auction procedure.
Keywords/Search Tags:Japan, Real Estates, Compulsory Auction, Within View System, PriceEvaluation System
PDF Full Text Request
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