Research On The Case Of Execution Objection Filed By The Transfree Of The House In The Mortgage Debt

Repayment of debts with real estate is a very common phenomenon in the real society.According to whether the transfer registration of repossessed houses has been completed,it can be divided into debts with real estates that have been registered and those that have not yet been registered.From the perspective of the number of disputes,the latter is the most common in judicial practice.Specifically,in cases of execution objections by persons outside the case,whether the transferee who has not completed the transfer of the property can exclude the court from the execution of the house involved in the case,the judgment results of different courts are quite different,even the judgment of the Supreme People’s Court There are diametrically opposed views.The article first defines the housing to pay debts,restricts the subject of this study to housing debts that have not yet completed the transfer,and analyzes the rights enjoyed by the transferee of housing debts.Secondly,through the research and analysis of the judicial status of execution objections filed by transferees of mortgage debts,it is found that the courts mainly face the following three problems in the process of resolving such disputes: First,mortgage debts with housing The nature of the agreement is controversial,which has an impact on the determination of the legal relationship between the creditor and the debtor;the second is that the legal basis for such cases is not clear;the third is that the priority of the mortgage transferee’s rights is unknown.Finally,to solve the above problems,we need to start from the following three aspects: First,clarify the nature of the housing debt agreement.The scientific definition of the legal nature of the mortgage debt agreement should be carried out on the basis of respecting the true intention of the parties.According to the different subjective expressions of the parties,the mortgage debt agreement can be divided into the mortgage debt agreement with the meaning of guarantee and the agreement with the meaning of settlement.The housing repayment agreement and the debt renewal mean the housing repayment agreement,and then discuss its nature on this basis.Second,clarify the legal application basis of the case.my country’s protection of the rights of the transferees of mortgage debts obviously has the problem of insufficient system supply.In the practice of judicial trials,the parties must maliciously collude to use false mortgage agreements to fight the court’s enforcement,so we cannot give up on all the transferees of mortgage debts.For the protection of people,it is recommended that my country’s future judicial interpretations clearly stipulate that the transferee of mortgage debt can enjoy the right of expectation of real rights after meeting certain requirements.Third,clarify the priority of the transferee’s right to mortgage debts.The transferee of mortgage debts can exclude the execution of ordinary monetary claims as long as they meet certain requirements.However,when the right of the transferee of mortgage debt conflicts with the right of mortgage,the transferee’s rights cannot be considered to take precedence over the mortgage right.At this time,it is necessary to distinguish whether the transferee is generally mortgaged by the mortgage or the mortgagee.The transferee of the construction fund: If the transferee is a general mortgage transferee,the court shall not only consider the time for the court to seal the house involved in the case,but also consider the time when it determines whether its rights can exclude the execution of the mortgage.The time when the mortgage is established is to be judged;if the transferee is the transferee of the housing loan,the execution of the mortgage can be excluded as long as it meets certain requirements,regardless of the establishment time of the mortgage.This is because without the labor of contractors and construction workers,houses cannot be built and mortgage rights cannot be established.From this perspective,the transferee’s right of expectation of property rights based on the construction funds should be given priority.Protection;and the realization of project funds also involves major survival benefits.From the perspective of protecting the basic life of workers and protecting the socially disadvantaged groups,it is not inappropriate to give priority to the transferee of the project funds.