An Analysis On The Objection Lawsuit Of Dissent By Outsiders Between Tangshan Branch And The Property Leasing Company

In the civil execution procedure,the execution action of the court may infringe the rights of the parties,and the remedy system is the execution objection action of an outsider.The Case of Lawsuit of Dissent by Outsiders between Tangshan Branch and the Property Leasing Company is the legal disputes caused by the court during the enforcement process.The dispute focus of the case is whether the dissenting action of the outsider is established and Whether Tangshan Branch and Qian 'an Sub-Branch enjoy substantial rights to exclude the execution of the court in respect of the deposit in the account in question.Firstly,whether an outsider's objection is justified.There is a direct interest relationship between Tangshan Branch with Qian 'an Sub-Branch and this case,which is the objection of an outsider entity,not the objection of execution behavior,nor the objection of execution basis.Secondly,whether the Tangshan Branch and Aian 'an Sub-Branch enjoy the substantive rights that can be excluded from the execution of the court.Tangshan Branch and Qian 'an Sub-Branch consider that they have the right to exclude and execute the pledge of the deposit in the account in question.Compared with ordinary creditor's rights,pledge right has the effect of excluding enforcement.According to the facts and evidence of the case,it is concluded through analysis that the account involved in the case is a margin account,and the 30 million yuan in the account is a pledge deposit and there is a pledge relationship between Tangshan Branch and Xinda Company.Finally,regarding the property leasing company's argument that Qian 'an Sub-Branch is not qualified as a plaintiff and the execution objection lawsuit filed by it is invalid,the author,based on this case,focuses on the discussion of the subject qualification of an outsider's objection action,and puts forward new views on the plaintiff qualification and the third party of the action.In addition,in order to make the court better carry out the substantive trial of this lawsuit,the author provides a "three-steps" path.