Research On The Problem Of Real Estate Lease In Compulsory Auction Procedure

Mandatory auction is implemented in enforcement procedure,real estate intending to one of the main program,however,real estate mandatory auction is often the existence of the lease,for how to deal with the rules of the real estate lease in the compulsory auction is referring to our country law and relevant judicial interpretations,in theory,the theory about the real estate lease also mostly stays on the substantive law,rarely from the perspective of the procedural law,real estate lease.Therefore,based on relevant theories of mandatory auction of real estate lease,on the basis of simple combing,mainly from the perspective of procedural law,for deleting compulsory auction real estate lease problem is analyzed,and the mandatory auction dilemma regarding the handling of real estate lease to refine,and then puts forward the related problem solving mechanism.In order to standardize the sale of real estate leases in the auction to do a modest effort.The first part is an overview.In this part,the concept and nature of forced auction and real estate lease are determined,and the principle of disposal of real estate lease in compulsory auction is analyzed.In this paper,the compulsory auction is a kind of auction under the guarantee of state coercive force.Because the business does not break the lease,the lessee's preemptive right given to the principles of the characteristics of real estate lease is part of the real right,at the same time,real estate lease is based on creditor's rights contract rights,therefore real estate lease is a kindof real right of creditor's rights.For the principles of the disposal of real estate leases in compulsory auction,China adopts the principle of inheritance-oriented and abolitionism as the exception of the legislation.The second part,this article expounds the mandatory auction of real estate lease several big problems,one is the buying and selling is not to break the lease principle in the application of mandatory auction real estate,for the problem,this article's view is compulsory auction procedures for the use of business not to break the lease is conditional.The second is to force the sale of real estate rent and mortgage,the conflict resolution.The second problem is the analysis of the specific situation of the application of the sale and non-breaking leasing.When the registered mortgage right is established,the lease will be put into compulsory auction.When the lease is established in the first place,it is applicable to the principle of "not breaking the lease",and the lease is retained for auction.Because of this,there is a lot of practice in the practice of the use of "not breaking the lease" to establish a false lease contract to delay forced auction.When sealing and auction conflict,the processing method is similar to the lease right and the mortgage conflict.The third part,mainly talk about deleting the forced sale of lease program,first of all,it is necessary to define the judgment standard of deleting the lease,the author,in terms of law will be the method of standard summarized into two,the first standard is leasehold set up before the mortgage closed on time,on lease decide how to set up a question of time,the author expounds the three standards of the mainstream,in which the author thinks that the establishment of the lease shall be in conditional registration and filing of standard,the lease contract is divided into short-term and long-term,adopt mandatory registration and filing system for long-term contracts,short-term contracts by voluntary registration and filing system;The second standard is the influence on the existence of the leasehold has influence to the compulsory auction,what impact,this paper views first determined by evaluating the existence of the lease for the realization of the priority of compensation with respect to whether have influence,if there are impact method lease,if there is no impact is retained.Second,deleting this article talked about thespecific procedures of lease,on startup subject shall be based on the priority of compensation with creditors apply,in the scope of our review,due to the actuator shall not to carry on the substantive examination,so need the priority of compensation shall be filed objection to suit to the method.Once again,for the effectiveness of the program,this paper argues that the lease contract will continue to be valid for both the lessor and the lessee,and the lessee shall have the right to claim compensation from the lessor.The buyer is entitled to complete ownership of the real estate.Finally,on the rights relief of the lessee after the lease is removed,the view of this paper is that the lessee shall file the rights and interests of the dissenter.In the fourth part,the difficulties in the compulsory auction process are sorted out and summarized into the authenticity of the real estate leasing contract.The establishment time of the lease is difficult;Imperfect registration system;The lessee's right protection is less than four aspects.This paper puts forward a settlement mechanism to solve the problem of real estate leasing in compulsory auction,and mainly expands the execution period under guarantee by the application executor.Clearly assign the burden of proof;Intensify the punishment of false leasing;Intensify the punishment of false leasing;Establish the investigation system of real estate status;Establish a suspension delivery system.