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Entity Review Study Of The Objection To Immovable Property

Posted on:2019-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ZengFull Text:PDF
GTID:2346330542986167Subject:Law
Abstract/Summary:PDF Full Text Request
The case of the outsider to execute the objection is a new type of lawsuit f or the trial practice.There is a lot of doubt in the trial practice because of judi cial interpretation and legal provisions,and there are many disputes.In the trial practice,the case of the execution of real estate is more common.Real estate is the foundation of the people's life,especially in the era of high housing prices,the determination of its ownership directly affects the security of the common p eople and social stability.Currently,about an outsider property execution objection suit is applicable la ws are usually "property law" article 9 and the "implementation rules" the 17 th,the objection review provisions article 28,and this article two of the conflict exi sts in the system,it also lead to the judge in the judicial practice in review pro perty execution objection to suit different applicable law.If this problem is not s olved,it will inevitably affect the credibility of the judiciary.This article from our court to accept the two and the supreme people's cour t case involving real estate execution objection of the communique,points out th at the "property law" and "implementation rules","the objection review provision s made different rules,different courts or judges make a judgment on the owner ship of real estate,may according to the different laws to deal with,it is also d irectly contributing to the judgement is different,the existence of the phenomeno n of" connection with different sentence,brings to the real estate the litigant cas e execution objection is greatly troubled.Subsequently,the author points out that the real estate execution objection is the result of the disaffected performance a nd the reasons.Then it introduces the basic theory of real estate execution objec tion and interprets the law that is based on the objection of real estate.Emphati cally finally,effectiveness,from the method of the guide role,the role of law in protecting the livelihood of the people and property law provisions of the persp ective of system science,establishing the litigant entity in real estate execution o bjection review of "property law" regulation,should be absolutely applied cautiou sly used "implementation rules" the 17 th,the objection review provisions of artic le 28 principle,in order to form a unified working train of thought,to solve rea l estate execution objection to the problem of how to apply the law case is phy sical examination.
Keywords/Search Tags:The real estate, The prosecution of the objection, Physical review
PDF Full Text Request
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