The Handling Of Leasehold Issues In Typical Real Estate Enforcement Procedures

After the <Rules of the Supreme People's Court on Some Issues Concerning the execution of objections and reconsideration cases>,the number of related cases about The handling of leasehold issues in typical real estate enforcement procedures has gradually increased.How to correctly identify and deal with the lease right on the auction object? How to Coordinating the conflict between the right of the lease owner and the applicant? It is great significance to the real estate executive.The first chapter of this paper introduces some basic concepts related to the issue of leasehold in real estate enforcement procedures.Introduces the status quo of the real estate executive procedure and the lease right through the data of the grass roots court.The principle of dealing with the problem in our country is summarized,That is A model based on the principle of endurance and exception of eliminate Confirmed by<Rules of the Supreme People's Court on Some Issues Concerning the Provisions on auction and sale of property in civil execution >.The second chapter introduces the procedure of protecting the right to lease and the procedure of objection in the real estate execution procedure from the perspective of the lessee.The choice of legal basis including the right to start and the time point selection of program startup and the general situation to which evidence should be submitted.In the third chapter,the author selects some real cases in the work,through the case analysis method toelaborate the influence of court enforcement department on the examination of leaseholdinacquisition of leasehold and rent payment situation and Possession.The fourth chapter discusses a very important issue of real estate delivery in the enforcement procedure of the burden of lease,Listethe methods of real estate delivery and different views on the obstacle Elimination subject,obstacle elimination time,obstacle elimination program in practice under the condition of clean delivery.Put forward ideas that the court should not actively intervene in the Obstacle Elimination in clean delivery.