Examination And Treatment Of "Long-term Lease" In The Execution Of Real Estate

During executive procedure,real estate is a common property which belongs to the person subjected to execution with great economic value.In the process of handling the real estate,the executive court implements the mortgage on the real estate by means of the evaluation auction procedure,which is a common means of execution.However,the conflict between the right of lease and the mortgage,and the conflict between the right of lease and the mandatory auction procedure do occur frequently.This kind of conflict often appears as the objection to execution by the outsider,who often requires the court to execute the power of examination according to law,so as to protect the lease.At this time,the executive judge needs to consider the interests of all parties through careful consideration.In addition to the conflict caused by the execution of real estate,the person subjected to execution will use the legal rules to join the outsiders together to "create" the lease relationship,which is an increasingly common obstacle to the execution in recent years.The person subjected to execution and the outsider set up a "long-term lease" on the immovable property to make a request to the executive court for the protection of the lease relationship,taking “the sale cannot resist the lease” or “the mortgage cannot resist the lease” as an excuse.If the execution confirmed that the lease relationship exists,the purchase of real estate owner needsto continue to make rental tenant to lease until the end.This form of "long-term lease" in the form of the buyer to abandon the purchase of the person under the name of the real estate increased the probability of,in fact,hindered the execution process.Therefore,the executive court is committed to address the negative impact of this "long-term lease" issue on the execution of real estate.During settlement,the executive court encountered some theoretical arguments and difficulties.First,whether the court can carry out a examination of "long-term leases" or not.Second,the "long-term lease" issue in accordance with what criteria to examination.Thirdly,what is the effect of the ruling made by the execution court on the outcome of the objection examination? Based on the above arguments,the Supreme People's Court issued the “Provisions of the people's Court on the auction and sale of property in civil execution” of interpretation.High courts throughout the country are also in accordance with local conditions,promulgated a variety of rules and regulations.However,these provisions still do not specify enough details about the details of the execution,and still cannot completely solve the problems in execution.All these situations require researchers and practitioners to further analyze and discuss the practical difficulties in execution.In this paper,the author of the Shanghai Higher People's Court on the implementation process in the review and handling of housing lease rights related issues(Trial)on the basis of the execution of real estate on the "long-term lease" examination and processing research.