The Application Of Commercial Appearance Doctrine In The Lawsuit Of Equity Execution Objection

The action of the outsider to enforce the objection is one of the relief methods adopted by the outsider to defend his rights,which is applicable to the execution stage after the conclusion of the proceedings.The Code of Civil Procedure and the related judicial interpretation have made detailed provisions on it,which can be applied to all kinds of litigation according to law in practice.In the lawsuit against the execution of the equity,when the equity registered in the name of the executor becomes the subject of execution,the actual funders of the equity object,on the basis of their actual rights to the equity in the case,initiate an objection by the outsider,advocating the termination of the enforcement of the equity involved in the case.In practice,the creditor,as the executing applicant,invokes the principle of commercial appearance more,and advocates that its trust interest in the appearance of commercial registration should take precedence over the actual rights of the actual funders to be protected.Article 32 nd,paragraph 3rd,of the Companies Act provides for the adversarial effect of commercial registration,which the theoretical circle considers to be the embodiment of the principle of commercial appearance doctrine in the legal system.However,the principle of commercial appearance doctrine is far-reaching,its applicable boundaries are still controversial,with a single legal provisions to carry out the provisions may be difficult to bear its weight.There is no specific guidance on this issue in the current legal text of our country,which leads to the continuous emergence of judges based on the different understanding of the provision,resulting in the contrary judgment of the situation.The purpose of this paper is to analyze and reconstruct the specific application of the principle of commercial appearance doctrine and its related problems according to the main points of the decision of the appeal system,in order to explore in depth the applicability,application and related problems of the principle of commercial appearance in the objection to the enforcement of equity.This mainly includes: first of all,through two cases and their comments,summed up the legal issues discussed at the core of this paper,and secondly,the principle of commercial appearance and the basic theory of the case of the execution of dissent by outsiders to sort out and distinguish,and then analyze the principles of commercial appearance embodied in the legal texts of our country,This paper probes into the legal system of applying the principle of commercial appearance in the application of the objection of equity enforcement,and finally discusses how to make the concrete application.