Research On The Civil Execution Procedure Of Unregister Buildings

Due to the vacancy in the present legislation and the ambiguous attitude in judicial practice,the question of the property right of the unregister buildings is still uncertain,which makes the position of the unregister buildings in the field of civil execution very awkward.It is futile to attempt to prevent the creation of unregister buildings by completely denying the property right of the unregister buildings,and it should be affirmed that there should be complete ownership of real estate on the basis of the unregister buildings.And based on the existence of complete ownership of real estate,it admits the enforceability of the unregister buildings,thus allowing the civil execution of the unregister buildings.What principles should be based on the execution of the unregister buildings,what execution measures are the most appropriate and reasonable for the unregister buildings,this is the key of the civil execution procedure of the unregister buildings.In practice,the chaotic image of "no execution" and "disorderly execution" of the unregister buildings has become an urgent problem to be solved.Due to the limitation of the length of the master's degree thesis,the author cannot discuss all the problems arising from the civil execution of the unregister buildings,so the author focuses on the determination of the right attribute of the unregister buildings,combing the execution measures of the unregister buildings,and discussing the problem of the execution objection of the unregister buildings.This article total of 4 million words,except the introduction and conclusion,the text contains five parts,the main contents are as follows:The first part is the outline of the unregister buildings.First of all,this part defines the connotation and extension of the concept of the construction of the unregister buildings,which is defined as the buildings without real estate registration,mainly including the illegal buildings and the small property houses.Then the author probes into the legal nature of the unregister buildings,and discusses several theories about the property rights of the unregister buildings: the theory of no right,the theory of the possession,the theory of the ownership of movable property,the theory of the incomplete ownership of the real estate,and the theory of the complete ownership of the real estate.The second part is the realistic predicament and the execution status of the unregister buildings.This part through the analysis of the illegal buildings and the small property houses of the real predicament,this paper expounds the judicial and policy orientation of the state to the unregister buildings,analyzes the status quo of the execution of "no execution" and "disorderly execution" in the judicial practice,and reflects the awkward position of the unregister buildings in our society.There are many problems to be solved urgently.The third part is about the problem of the enforceability of the unregister buildings.This part is based on the theory of complete ownership of real estate,which is established in the first part of this paper,and on the basis of the logic of real estate ownership,further proves that the unregister buildings with real estate ownership is enforceable and can become t he object of execution.Then,the author discusses the execution principles of illegal buildings and small property respectively.The forth part is the research on the execution measures of the unregister buildings.This part is the key content of this paper,adhering to the logic of the first three parts,in the solution of the concept of the unregister buildings,the nature of ownership,enforceability and execution of the principles and other issues,continue to study the specific execution of the construction of the problem.The paper also discusses and compares four problems of the pretrial investigation,the seizure of the unregister buildings,the delivery of the unregister buildings and the civil execution force management of the unregister buildings,and concludes that the optimal execution measures of the unregister buildings should be the civil execution force management.The fifth part is the research on the opposition of the third person in the execution of the unregister buildings.This section discusses the opposition of the third person in the execution of the unregister buildings and the opposition action of the third person in the execution of the unregister buildings,discussing under what circumstances can the unregister buildings become the reason for the opposition of the third person in the execution by the person who are executed,and refute the viewpoint that the buyer of the unregister buildings has no right to carry out the opposition action of the third person in the execution.