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Research on Institution of Civil Execution Auction in Our Cuontry

Author: FengHua
Tutor: YuZhaoPing
School: China University of Political Science
Course: Procedural Law
Keywords: Civil execution auction quality effect problems and perfection
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 193
Quote: 2
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Abstract


In modern times,the civil execution auction as a important execute measure,the function in civil execution procedure is more and more important.It has important meaning in changing in the way the court forced sale price,insuring the cases are finished in time,and implementing the legal rights of the creditors.Along with the reformation of the civil execution procedure,the academe begin to think much of the civil execution auction.But the law of the execution measure is incomplete.Based on the law practice of our country and other countries, the dissertation has raised some propositions on reform and perfection of our civil execution auction institution.The dissertation divides into three parts.The introduction covers the background,the purpose and research method of the dissertation.Chapter one draws the outline of civil execution auction.It include the concept,the features,the basic principles of the civil execution auction.Firstly,the dissertation differentiates some definitions regarding to the civil execution auction,holding that civil execution auction is a kind of court auction,public auction and mandatory auction.Secondly,the dissertation draws the features of the civil execution auction.Finally,the dissertation draws,the basic principles of the civil execution auction.Chapter two focuses on the quality of civil execution auction.There are dilemmas in the doctrine of private law and the doctrine of balance. The civil execution auction is public act,different from auction in civil law.And it shows the power of execution organs.In the auction,both the creditors and debtors have the rights to participate in as bidders.The vendee acquires the original title of the objects.Chapter three analyses the effect of civil execution auction,based on the doctrine of public law.The right of preemption ought to be protected. The vendee acquires the original title and should not claim warrant of defects.Dealing with the burden of the object,there are two kinds of principles,principles of eliminating and principle of bearing.The principle of residue is forbidden of useless auction,not about dealing with the burden of the object.The real right for security and usufructuary right should be handled separately.When the auction concluded,the real right for security that is prior to the credit in execution eliminates.The vendee acquires the title without any burden.The usufructuary right is succeeded by the vendee.However,exceptional agreements are allowed.Chapter four puts forward propositions to reform and perfect the institution of our civil execution auction.The execution organ holds auction,in order to exempt the commission and reflect the public power of auction.Multiple offers are needed,it is necessary to introduce bidding auction.All the credits that should but not registered during the announcement of auction,are entrusted unfavorable consequence.The institution of remedy in auction also needs to be improved,in order to protect the interests of the parties.The conclusion summarizes the ideas of the dissertation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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