The Study Of The Execution Of The Expectation Right Of Real Estate

Article 204 of the Civil Procedure Law of the People’s Republic of China of2007 stipulates that during the enforcement process,an outsider may submit a written objection to the subject matter of enforcement,and after the written objection is rejected,it may file an action against enforcement objection to protect its legitimate rights and interests from infringement.The grounds for objections raised by outsiders are usually referred to as "reasons for objection",but China’s current Civil Procedure Law and relevant judicial interpretations still lack precise provisions on the grounds for objections,and there are disputes over the application of "other substantive rights" as a back-up in practice.When the subject of enforcement is a house,the reason for objection raised by an outsider is usually "the right to expect the right to immovable property in the house,which is sufficient to exclude the enforcement by the people’s court".However,the question of whether the expectancy right of immovable property rights is a "other substantive right" and its substantive judgment standards have been continuously disputed and operated differently in courts in various places,and the law has not clearly stipulated the general scope and adjudication standards of the subject matter of the objection,resulting in some trial difficulties in enforcement opposition actions.The theory of expectancy rights in immovable property is derived from German law,and the German enforcement law and civil code have corresponding provisions on this issue,and their application in practice is relatively mature.Therefore,on the basis of learning from foreign legislative experience,China can take root in China’s actual situation,clarify theoretical issues,face practical problems,and improve the enforcement opposition system of real estate rights expectancy rights that conforms to China’s actual conditions from procedure to substance.Accordingly,this paper takes Wang Guangzhi’s lawsuit filed by Wang Guangzhi as an example to analyze the disputes and differences between the judgment results of the two instances,and puts forward corresponding suggestions for improvement.The main content of this article consists of three parts:The first part briefly introduces the selected cases in this article-Wang Guangzhi and Chengdu Rural Commercial Bank Co.,Ltd.Tuqiao Branch and He Plan Foreigner’s Enforcement Objection Litigation Dispute Case.To summarize the focus of the dispute in this case,what kind of civil rights the outsider Wang Guangzhi has over the subject matter of enforcement,and whether this right can preclude the enforcement by the people’s court.The second part analyzes the focus of disputes in the selected cases,discusses the concept,characteristics,practical causes,constituent elements and types of expectancy rights of immovable property rights,and analyzes the essence of the cause of the objection,whether the expectancy right of the immovable property right constitutes the cause of the objection,and the legal effect when it is the cause of the objection.The third part,research conclusions and research implications.The research concludes that the expectancy right of immovable property rights is a matter of objection,but the legislative scope is narrow,and the anticipation right of immovable property rights is better than that of general claims but weaker than property rights.The enlightenment of the research is that China can clarify the cause of the objection of the outsider,clarify the content of the right of expectancy of the right to immovable property,and improve the judicial determination of the conflict of civil rights and interests in the lawsuit of the outsider’s enforcement of the objection.