An Empirical Study On The System Of Excluding Compulsory Enforcement Of Divorced Property Division Agreement

In daily life,husband and wife have reached an agreement on the ownership of real estate at the time of divorce agreement.However,due to various reasons,a lot of property transfer registration is not processed in time.At this time,the creditor,as the registered right holder of the real estate,enforcement before applying to the court for registration of changes in immovable property,and it is agreed that the right holder will file an objection to the execution by an outsider based on his substantive rights,and it is agreed whether the right holder’s rights can be excluded from execution.In judicial practice,due to the different understanding of the trial judge on the nature and effect of the divorce agreement,"The same case has different sentences" and "the same sentence has different reasons".At present,the Supreme People’s Court gives the theory of expectation right of real right as the primary basis for the exclusion of compulsory execution of acquired creditor’s rights.When the court hears the lawsuit against the exception of execution by outsiders in such cases,the best choice of judgment basis is to refer to the concept of expectation right of real right of the buyer.In view of the incomplete requirement of ownership but the incomplete requirement of distance,the agreed owner’s rights and interests are only missing the non-material requirement.The protection of creditor’s rights under real right.Therefore,the agreement that the owner’s rights meet certain requirements,a divorce property division agreement can preclude enforcement.The full text centimeter has five parts:The first part is the introduction.The main content of this thesis is to explain the background,the meaning,the present situation and the research method,and the innovation and deficiency of my own.The second part is the general situation and analysis of related cases.Empirical analysis summarizes the judgment views of the execution dissent disputes caused by divorce real estate division agreement in practice.Through comparative analysis of relevant data,the judgment logic behind the case is deeply explored,and the different judgment views are briefly analyzed.The third part is the theoretical basis of the reasons for the judgment of relevant cases.This paper makes an in-depth analysis of the four viewpoints of "theory of real right","theory of ordinary creditor’s right","theory of priority creditor’s right" and theory of expectation of real right "in the trial path,and probes into the rationality and limitation of the four theories.The fourth part is the best choice of judgment basis of relevant cases.It mainly uses the basic principle of civil law to analyze the comparative advantage of the theory of "expectation right of real right".The fifth part is the improvement of the relevant system.Finally,from the legislative and judicial level,this paper puts forward some suggestions to improve the compulsory implementation system of excluding divorce real estate agreement.