Protection Of The Buyer’s Rights In The Judicial Auction Of Property With Right Defects

Based on the perspective of typology and aiming at the three types of right defects in the subject matter of judicial auction: the leasehold of real estate,preemptive right and the wrong auction of the third party’s property,this paper analyzes the influence of different kinds of right defects in judicial auction on the buyer’s rights and interests one by one,and puts forward the plan to protect the buyer’s rights and interests.This thesis consists of four parts:The first part combs the disputes among three different theories about the legal nature of judicial auction,and makes clear that this paper takes the position of compromise;defines the connotation and extension of the concept of right defects,and makes statistical analysis on the cases involving right defects in judicial auction practice.The second part discusses that when the object of auction bears the leasehold right of real estate,we should prevent the infringement of the buyer’s rights by false leasing and take three parts of measure to prevent the abuse of real estate lease right.The third part discusses how to balance the interests of the buyer and the subject with preemptive right.When the right to know of both the preemptive right holder and the buyer is guaranteed,the preemptive right holder shall actively exercise its right,otherwise it shall be deemed as giving up the preemptive right,should bear their own risks when participating in the auction;when the right to know of is not guaranteed both of them,they shall be placed in the same bidding position and bidding equally.The fourth part analyzes the reasons why the third party’s property is wrongly auctioned by the judicial system,and the shortcomings of the two different protection modes.It is clear that coordinating the conflict between the third party and the buyer needs to take compromise theory.It is necessary to make clear that the effect of ownership change of the auction object is subject to the time when the auction transaction ruling is delivered to the buyer.Before the end of the judicial auction,the third party can raise an objection to execution.After the end of the judicial auction,the third party is no longer allowed to recover the object.