On The Effectiveness Of The Court’s Compulsory Auction Of Third People’s Real Estate

In the real estate auction execution practice,due to the implementation of the court refers to the sealing property and the form of review whether the third debtor all this fact for the implementation of program information is not fully understood the reason for the creditor only,all the third real estate auction by mistake the situation is not uncommon.When the third person other than the debtor’s real estate by the court as the implementation of the subject matter of the auction,the bidder is bound to the ownership of the implementation of the auction process made the auction? The bidder has the auction because of its good and evil whether ownership difference? The implementation of the auction process should be given real estate third what kind of procedure guarantee entity or relief? Auction proceedings,such as the bidder shall obtain the ownership of the auction,third people should be where to claim what rights? These problems are related to the nature of the executive auction and the validity and the bidder and the third party interest adjustment and protection.This article based on this perspective,do not try the real estate execution processWhen the court ordered the auction of third real estate,how to stabilize the status of people,how to protect the ownership of the third and how to balance the interests of the two parties to propose a viable solutionIn addition to the introduction and conclusion,this thesis consists of four parts:The first part,the concept and nature of the compulsory auction of the basic exposition.Compulsory auction as a court with the power to meet the claims,the definition of the nature of the main law,private law theory and compromise theory."Private" believes that the compulsory auction system of private law behavior,which belongs to a contract for the sale,auction people through the auction made by the following ownership.When the auction property does not belong to the debtor,take ownership people cannot obtain auction."Law said that the execution behavior of compulsory auction system based on the executive organ of state power for the genus of public law behavior.The bidder can bid for the customs authorities made the auction execution immediatelyThe ownership of the bidder,the original acquisition of ownership auction.The auction for the executive organ is the execution behavior of state organs have credibility,in order to maintain the credibility of the auction,the auction,whether creditors really exist or not,whether the bidder is in good faith,no matter whether the real auction all belong to the debtor,the bidder can trust per capita because the effectiveness of the public law and the court auction auction.The original ownership of the compromise said that the court has the dual nature of public auction and private sales.The disposition of said confirmed compulsory auction with private business,the identity of the bidder in the auction in the OfficeIn the buyer’s status,that is,the recognition of the auction holder is subject to the acquisition of the title of the auction,at the same time,the emphasis on the mandatory auction of public law and mandatory,which is different from the common law of the sale of arbitrary.The second part focuses on the analysis of foreign countries and regions of the court’s compulsory auction third real estate legislation.Through the introduction of China’s Taiwan region,specifically Germany and Japan the Third Legislative compulsory auction real estate issues,the private law said,and the compromise of different value orientation on the issue the practice of China’s Taiwan region on the nature of the compulsory auction by private,and the debtor as the seller.Through the relevant case shows that Taiwan area legal recognition of the bidder can be made by the following property auction,when third people were forced to real estate auction,because of bona fide acquisition of the real and the production of the bidderRight.But Germany will be forced to auction the property is defined as the behavior of public law,according to German law,the executive organ of the seizure behavior of seizure with binding force,and the auction price change process is the executive organ of the exercise of state of the seized disposition,the executing organ in the compulsory auction procedure at as the executive agencies on behalf of the state.The status of Japan as the representative of the compromise said that compulsory auction is the national high power,the formation of the punishment,but can not ignore the auction on the defects of right,should not ask the bidder’s good intentions and that the bidder acquires the original auction content ownership.The third part analyzes the court’s compulsory auction of third real estate when the relief bidder fails to obtain the ownership of the auction.From the point of view of different theories,the bidder can claim to debtor warranty liability or claim of unjust enrichment;the bidder can also to the creditors claim that the unjust enrichment or tort the compensation for damages.When taken to the debtor claim warranty liability,before the auction has been fully informed of the auction based on the current situation,so the bidder only warranty claim,not entitled to claim the warranty.The bidder cannot obtain an auction of ownership,but also to the creditor or the debtor claimsThe return of unjust enrichment.If the debtor’s debt as a result of the auction is being reduced,then the bidder should claim of unjust enrichment to the debtor,if the debtor debt so the auction is being reduced,so the price of gold belongs to the creditors to obtain unjust enrichment.Because when the creditor’s intentional or gross negligence caused by third real estate by auction,the bidder can also to the wrong letter refers to creditors for tort damages.The fourth part discusses how to protect the ownership of third people.In the auction process before the end of third,people can perform objection or bring the lawsuit against the execution objection system.The third is the implementation of the system effectively protect the interests of entities and procedures third interests,to avoid the real right of the third party and infringed because of improper execution then,to maintain the legitimacy of enforcement procedures in the entity.The bidder in the bona fide third party ownership of real estate,third people may regard the creditor or the debtor’s financial situation and the choice of the return of unjust enrichment.And,if the bidder or creditors intentionally or negligently cause thirdReal estate was auctioned,third people can claim its tort liability.