[case abstract]
The execution about exclusive housing is the problem that experience tells to the person pays close attention to generally, a lot of " Laolai " with only remnant is exclusive housing will escape assume legal responsibility, so, below active legal system. Whether can be exclusive housing carried out?
[controversy focus]
Is not executable VS executable?
[basic details of a case]
On June 20, 2011, cao Mou and Huang Mou are signed " agreement of loan of land access mortgage " , conventional Cao some loan gives Huang Mou 100000 yuan, loan time comes from June 21, 2011 on June 20, 2012, during loan not plan accrual, huang Mou with having land access oneself on mortage give state-owned land use card Cao Mou is custodial be issued to the person concerned for safekeeping, both sides serves place practice law to witness to law with respect to this matter. On June 21, 2011, both sides is signed " book of bond of land mortgage loan " , conventional Huang Mou again with same land access on mortage, to Cao Mou loan 120000 yuan, loan time comes from June 21, 2011 on June 20, 2012, during loan not plan accrual; With day, book end receipt for a loan gives Huang Mou Cao Mou, affirm 120000 yuan to Huang Mou lends Cao Mou ready money. Two afore-mentioned guaranty all did not deal with hypothec to register. March 22, 2012, huang Mou signs on the receipt for a loan that Cao Mou prints and stamp, lend cash 65000 yuan to Cao Mou. On December 16, 2012, huang Mou signs on the receipt for a loan that Cao Mou prints and stamp, lend cash 305000 yuan to Cao Mou, receipt for a loan makes clear Huang Mou to be used from the land that build a house on mortage. 4 afore-mentioned borrow or lend money are total 590000 yuan.
[juridical result]
Since the day that first instance adjudicates to Huang Mou produces legal effectiveness in the court decision return inside 30 days still loan gives Cao Mou 590000 yuan.
What copy clerk of law of nonperformance of refus of exceed the time limit of person be executived decides is compulsory, forensic ruling auctions Huang Mou authority to belong to exclusive housing, in auctioning earning money paid for something purchased or received for something sold, the mother that 8 years hire gives put apart 48000 yuan Huang Mou in all serves as the charge that rent a house,
[typical meaning]
According to original provision, the exclusive housing of person be executived is understandable to be carried out the person reachs his to be the same as the relative's keep the pot boiling must building, reason fact does the exclusive housing that goes up not to treat person be executived commonly. But the legitimate rights and interests that this damaged creditor apparently. Basis " deal with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd, application executive person hires room standard to be person be executived and its relative to offer living building to perhaps agree to consult by local cheap standard of local average rent is deducted 5 to 8 years of hire, also can handle the exclusive housing of person be executived, guaranteed the living right of person be executived and its relative already so, ensured the legitimate rights and interests that applies for executive person again.
[conversational judge]
Judge: Have normally the following 3 kinds of circumstances: The first kind of person under one's name that is obligation of pair of bring up of person be executived has other can of keep the pot boiling must of living building, be carried out for example the person is an old person, the house enough of his son ensures his life, in that way exclusive housing can be carried out. Because of the living authority that what we ensure is person be executived, is not the building droit of person be executived; The 2nd kind is executive basis become effective later, person be executived is made over to dodge the creditor, of the other house property that changes his under one's name, this is a kind of baleful behavior, undeserved protection. If adjudicate to property was not transferred before become effective, we stem from the purpose that protects the 3rd person, do not include this range its inside, but of free donative, application executive person can advocate cancel this are donative agreement; The 3rd kind is the area that applies for to carry out a person to hire housing according to local cheap, standard, be person be executived and family member of place bring up to offer habitable house. Hire housing to ensure an area to offer according to local cheap for instance temporarily room of have enough to meet need. If apply for to carry out a person to agree to rent the hire level with average market according to local building, deduct 5-8 from inside the money of appraise at the current rate of this building year hire, also can carry out.
Judge: ? Does of Jin of class of Mu of drought of handleless cup of ǖ of Zan of miscellaneous expostulate with return Hui of spruce ㄒ of Cong dispatch emperor " does of Zan of dredge grey say Shan of ability of of handleless cup sea fears Ge of Pu Cong small R making fun of thorium of M of a kind of net used for fishing or for dredging up river sludge of Gua Huo to protect pen of Lv of cure ㄒ to compare common Li blown away by wind?
[legal credo]
Let moral all get intuitive knowledge, let conscience serve law
