Compulsory Auction Of Non-debtor Property Rights Relief Research

Under the provisions of China's property law,to register as elements of public summons and public trust of real estate,movable elements of possession for the publicity.Under normal circumstances,trading parties based on the public's trust and the other of civil behavior.One of title in the register of real estate peopleproperty owners,to the continued possession of movable property as a trust Foundation and relatively civil behavior among people,have a civil relationship.Enforced by the creditor to the debtor failing to fulfi l civil obligations based on the entry into force of the civil instruments requested the Court to enforce.Auctions as a major means of enforcement,"open,fair and just" advantage,as enforced in the preferred way to achieve price claim.Forced sale to gu arantee the legitimate rights and interests of the creditors,urging debtors on time,as determined by the legally effective judgment of performance of the obligation.But due to the possession of movable property as a publicity features and registration o f real estate registration errors could lead to forced sale auction of property of the debtor is not liable in case the inevitable there.Meanwhile,triggering a forced sale of property of the debtor's property,rights and obligations of the parties in the discussion space.China's existing laws on forced sale of property of the debtor's property relief focused on the People's Republic of China No.225 of the code of civil law,227 and the Supreme People's Court,on the application of the < the civil proced ure law of PRC >implementation program problems of interpretation of the relevant provisions.According to the existing legal provisions on the forced sale of property of the debtor's property rights focused force before the auction and the auction process.The Supreme People's Court on execution and reconsideration of the 6th section,the provisions of judicial interpretation,the execution should be completed before the.But after the forced sale of how to balance the interests and how relief does not make specific provision.After the forced sale of property of the debtor is not liable,not the debtor was aware of their rights had been violated and claim relief,which have missed the proposed execution of third party's objection and period,whose rights the relief has become an important legal issue.After the forced sale of property of the debtor is not liable,not the debtor was aware of their rights had been violated and claim relief,which have missed the proposed execution of third party's objection and period,whose rights the relief has become an important legal issue.Forced sale of property relates to non-debtor creditors,debtors,paiding people,implement third party's five main court and the relationship between rights and obligations.Forced sale of determination of the nature of the forced sale of non-property interests of the debtor finds that has had a huge impact.Based on the analysis of nature of the forced sale,the forced sale of property to be found,assessment.Analysis of forced sale of property of the debtor is not liable parties to civil law relations on the basis of actual conditions in China,I think the Court compulsory auction in China more in line with public law says of this nature.Based on a forced sale to China said the natu re of public law for the due,respectively from a rights perspective on the rights and obligations of parties to the forced sale of property of the debtor is not liable entity analysis and case and paiding claim system to research and comb.I think it phases in the forced sale of property of the debtor is not liable in a third party's rights should be protected.From the perspective of scientific analysis after the forced sale of property of the debtor is not liable,the enjoyment of the rights and obligations of the parties to be identified.Learning from foreign experience of our country in balancing the rights and obligations of the parties on the basis of the proposed solutions.Application of unjust debt action and third party's opposition to extending the term to make up for compulsory auction is not a lack of third party's rights on account of the debtor's property defects.