Executive program regards safeguard people as the pragmatic approach of legitimate rights and interests, it is the hope in countless popular feeling, but actual condition often is obligee however,got judgment cannot carry out belongings however winning the lawsuit. "It is difficult to carry out " perplexing a lot of obligee all the time, the lawyer thinks to want to solve " it is difficult to carry out " retain truly with respect to requirement court above all belongings can get for the case that carry out effect is carried out having in time, fair justice is felt in letting people carry out a case in each hard.
The article will combine theory and practice to discuss: Under one's name of person be executived has only " exclusive housing " when, whether does obligee have authority to apply for to carry out?
"Laolai " " protect a law " ?
Court of top 2004 people came on stage " about people court civil in carrying out, close down, the sequestered, regulation that freezes property " , among them the 6th regulation: "The living building that to be being carried out place of life of person and family member of its place bring up needs, people court can close down, but must not auction, sell off or pay a debt in kind or by labour " .
This article caused intense social echo, numerous people thinks the 6th regulation is right " Laolai " protection. Although the 7th sets at the same time, the house that to be being carried out more than the person reachs place of life of family member of its place bring up to need and articles for daily use, people court carries out the person's application according to application, be carried out in safeguard after the living building with person and indispensible place of minimum standard of living of family member of its place bring up and average necessaries of life, can give carry out.
But in practice, people court is in the consideration that maintains social stability, often be to be in the case that under one's name of person be executived has one flatlet only, apt stops to carry out. The meaning of executive building depends on repaying with the corresponding value of the building the debt of the money of person be executived, can close down only however cannot have building value however change now, did not guarantee the actual profit of obligee.
Below a lot of circumstances, creditor often cannot call in in time because of creditor's rights, be in the condition that the life is not having, and under one's name of person be executived has building, property obviously, but cannot carry out however, this does not belong to judicatory fairness, justice.
Progress! Existence mortgages " exclusive housing " can carry out!
Court of top 2005 people came on stage " the regulation of the building that carries out set guaranty about people court " , the first regulation " to be being carried out person all already lawfully the building that set mortgages, people court can close down, OK the application according to hypothec person, auction lawfully, sell off or pay a debt in kind or by labour. Auction lawfully, sell off or pay a debt in kind or by labour..
This judicatory explains publish the good news that can saying is hypothec person, according to this " regulation " be carried out person already the building that set mortgages is to be able to undertake executive, do not suffer " exclusive housing " limitation.
Auction in the ruling, after sell off or mortgaging, ought to give person be executived and person of its bring up the wide within a definite time of 6 months. Inside wide deadline, be not carried out rightly compulsive change gives person and person of its bring up. After extend a time limit expires, be like person be executived still not change goes, people court can make the ruling that compulsive change goes, give carry out. Below this kind of case, person be executived " exclusive housing " still can carry out, but also be confined to the building that has mortgaged.
Carry out " exclusive housing " the law can be depended on!
Came on stage till court of top 2014 people " deal with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " , set in the 20th proclaimed in writing eventually what kind of " exclusive housing " can be carried out.
1
Person be executived has the person of bring up obligation to be able to ensure its to live
The person that to be being carried out the person has bring up obligation (of here " bring up " the bring up that is broad sense, include pair of people be executived to have bring up, bring up, the person of provide for obligation) , if under one's name has other and OK contented life is indispensible when standard building, of under one's name of person be executived " exclusive housing " can offer carry out.
Of under one's name of person be executived " exclusive housing " can offer carry out..
Can push from this know, if be carried out,the person is an old person, its children under one's name has other housing, also be carried out namely under one's name of bring up person has the housing that can satisfy the life to need, below this kind of case, this " exclusive housing " also can carry out; If be carried out of the person be returned to have person of other bring up by bring up person, under one's name of person of other bring up has the housing that can be used by bring up person for this, for example, by what bring up person is an old person, still have children of person of other bring up; By bring up person be children, this children is divided still have outside person be executived other the guardian that can provide housing.
This children is divided still have outside person be executived other the guardian that can provide housing..
2
"Exclusive housing " to do it painstakingly
After executive basis become effective, person be executived makes over its under one's name to dodge the creditor other house, cause the building that will carry out at present to become its " exclusive housing " , right now this " exclusive housing " can offer carry out.
The behavior time that the ill will that person be executived makes transfers property must be to be after executive basis become effective, if other house is made over before this,still can counting is " exclusive housing " .
If other house is made over before this,still can counting is " exclusive housing " ..
Person be executived made over the behavior of the building to encroach the creditor's rights of judicatory dignity and creditor, right now the court need not guarantee the living right of person be executived again, carry out its directly thereby " exclusive housing " .
Carry out its directly thereby " exclusive housing " ..
3
Under one's name " exclusive housing " exceed lowermost life requirement apparently
Although do not satisfy above at 2 o'clock, but if be carried out person under one's name this " exclusive housing " exceed lowermost life requirement apparently, the area exceeds local cheap to hire housing to ensure area level overmuch.
The area exceeds local cheap to hire housing to ensure area level overmuch..
Application carries out a person to be able to hire housing to ensure area standard to be person be executived and family member of place bring up to offer living house first by local cheap; Or the building undertakes auctioning, sell off or after pay a debt in kind or by labour, unified consult average rent standard deducts the local building market that rent in the money of appraise at the current rate from this building the 5 hire that come 8 years.
Unified consult average rent standard deducts the local building market that rent in the money of appraise at the current rate from this building the 5 hire that come 8 years..
Deducting amount is 5 years or hire of 8 years reduces an amount by judge freedom.
Outspread: Relevant law laws and regulations
" top people court about people court civil in carrying out, close down, the sequestered, regulation that freezes property "
The living building with indispensible place of life of the 6th pair of people be executived and family member of its place bring up, people court can close down, but must not auction, sell off or pay a debt in kind or by labour.
The 7th reachs his to exceeding person be executived the building with indispensible place of life of family member of place bring up and articles for daily use, people court carries out the person's application according to application, be carried out in safeguard after the living building with person and indispensible place of minimum standard of living of family member of its place bring up and average necessaries of life, can give carry out.
" the regulation of the building that top people court mortgages about people court executive set "
The first to be being carried out person all already lawfully the building that set mortgages, people court can close down, OK the application according to hypothec person, auction lawfully, sell off or pay a debt in kind or by labour.
Court of the 2nd people to been carry out what set mortgages lawfully the person reachs his the building that family member of place bring up lives, auction in the ruling, sell off or after pay a debt in kind or by labour, ought to give person be executived the wide within a definite time of 6 months. Inside this deadline, person be executived ought to building of active rise high into the air, people court is not carried out compulsively person and change of family member of its place bring up go this building.
" top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems "
Creditor's rights of the 20th money is carried out in, accord with one of following scenario, for the living house that person be executived reachs keep the pot boiling of family member of place bring up to need with implementing him department of mark of demur, people court does not grant to support:
(one) the person under one's name that to be being carried out the person has bring up obligation has other can of the living building with indispensible keep the pot boiling;
(2) after executive basis become effective, person be executived makes over its under one's name to dodge the creditor of other house;
(3) application executive person hires housing to ensure area standard to be person be executived and family member of place bring up to offer living house according to local cheap, perhaps agree to consult average rent standard deducts the local building market that rent in the money of appraise at the current rate from this building 5 to 8 years of hire.
Executive basis fixes the building that pay of person be executived lives, from executive announcement the sun of service rises, had given the wide within a definite time of 3 months, for the requisite that person be executived fastens oneself and keep the pot boiling of family member of place bring up with this building of demur, people court does not grant to support.
