An Analysis Of The Problem Of The Action Of Objection To Execution By The Outsider In The Real Estate Case

At present,in the Civil Procedure Law of our country,as an important step to protect the legitimate rights and interests of the outsider in the execution procedure,the lawsuit of the outsider’s execution objection is playing a more and more important role.At the same time,the proportion of the lawsuit of objection to execution by the outsider involved in the real estate is obviously on the rise.Especially in the judicial practice,when the creditor applies for execution,there is often an agreement between the debtor and the outsider in private to transfer the ownership of the debtor’s real estate,but the transfer registration is not handled,which leads to the inconsistency of the debtor’s real estate title.At the same time,due to the people’s court’s understanding of the Supreme People’s Court on the people’s Court of the People’s Republic of China There are different views on the selection and application of Article 28 of the provisions on several issues of handling execution objection and reconsideration cases(hereinafter referred to as Article 28 of the provisions on execution objection and reconsideration)and the principle that registration is regarded as an important element of publicity for the change of real estate property right in the property law.Moreover,there is no specific provision on its application level in the relevant legislative documents at present This will stop the whole execution process.The principle of property right publicity stipulated in the property law of the People’s Republic of China has been deeply rooted in the hearts of the masses.However,considering the important position of real estate transaction in production and life and the complexity of the transaction process,in the process of reviewing the cases of execution objection raised by outsiders,we should make appropriate modifications to a certain extent That is,it is no longer in full accordance with the provisions of the "property law" to determine whether the real estate can be enforced,but can give priority to the application of the relevant provisions of Article28 of the "implementation objection and reconsideration provisions".Although the outsider has not registered the real estate right at this time,and has not formally obtained the real estate right,but because the outsider has already taken the real possession of the real estate The real estate has the real right in fact,so the execution procedure of the real estate involved in the case should be stopped at this time.For the above-mentioned trial standards of the real estate execution objection litigation,we can use the combination of legislative interpretation and guiding cases to regulate,to ensure that the real estate execution objection litigation has a unified trial standard,so as to protect the legitimate rights and interests of outsiders from being infringed,and ensure the stable and orderly real estate transaction.This is necessary and in line with the basic logic of the law.Finally,the people’s court’s attitude towards the application of Article 28 of the provisions on enforcement objection and reconsideration is also controversial.Among them,there are still great differences on the determination of the form of the real estate buyer,the effectiveness of the agreement between the debtor and the outsider,and the real estate buyer’s right of expectation.Therefore,in this case,the trial of such cases is extremely easy to cause the result of different judgments in the same case,which seriously affects the judicial credibility.At the same time,housing,as the foundation for citizens to settle down,if there is no unified judgment standard,it is very easy to damage the basic right of survival of outsiders,and then intensify the contradiction between the parties and the court.To sum up,by comparing the content of Article 28 of the provisions on enforcement objection and reconsideration with the principle of publicity and public trust of real estate property change in the property law,this paper puts forward its own opinions and opinions for the trial of similar cases.It also summarizes and analyzes the behavior of malicious collusion between the debtor and the outsider to damage the interests of the creditor,and then finds a way to solve the legal problems that should be applied to the lawsuit of execution objection by the outsider involved in the real estate case,so as to help such problems encountered in practice.