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The Research Of Overlapping Issues In Enforcement Between Building Vendee And Other Creditors

Posted on:2016-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q L WangFull Text:PDF
GTID:2296330482965430Subject:Law
Abstract/Summary:PDF Full Text Request
overlapping of civil enforcement is the common problem in civil enforcement, because in China there’s a way of registration effectiveness for Real Estate Real Rights which makes the phenomenon between building vendee and other creditors more common. However, the theory research to the overlapping at present is till hysteretic, with solution system flaw and items conflicting. All these problems make the solutions inaccessible and full of chaos. This article mainly states the concept of overlapping, features, classifications and principles, analyzing the several types of overlapping between building vendee and other creditors and searching for the solutions. At the same time, by analyzing the insufficient rules of laws and judicial interpretation and putting forward perfect advice.This paper is divided into four parts:Chapter one mainly analyzes the concept of overlapping, features, classifications and principles and points out two and above creditors. Based on the different enforcement basis, it puts forward several repulsive requests at the same time. To understand the concept better, this article analyzes the feature of it and introduces the classification based on different standards. It also introduces the common four principles based on theories, like real right priority, Prior enforcement, creditor’s right is equal and paid off, group priority.Chapter two analyzes the normal solutions to the overlapping between building vendee and other creditors.Referring to consign building right of claim and return the specific content of enforcement for competition, the general solution is the principle of real right priority. Referring to consign building right of creditor’s rights with money claim overlapping of enforcement, the general solution is the principle of first priority. As to the enforcement overlapping of delivery for housing and mortgage, the general solution is the principle of real right priority. As to civil enforcement of creditor’s rights to return the payment, the general solution is principle of priority.Chapter three mainly introduces the special solutions of overlapping of building vendee and other creditors, mainly for the consumers to buy business houses, house delivery and advance-notice registration. It analyzes the reasons and relevant rules separately.Chapter four provides the perfect advice for the solutions of overlapping by analyzing the laws and judicial interpretation:first is to clear to determine the building vendee priority via legislation; Second is to perfect the relevant rules of judicial interpretation.
Keywords/Search Tags:building vendee, creditor, right of claims, overlapping of civil enforcement
PDF Full Text Request
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