Private Law Protection of Anonimous Right of Real Estate——From the Perspective of the Opposition of Execution by Nonparties

YAO Hui, QUE Zibing

Journal of Renmin University of China ›› 2021, Vol. 35 ›› Issue (2) : 125-134.

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主管:教育部
主办:中国人民大学
ISSN 1000-5420  CN 11-1476/C
PDF(7753 KB)
Journal of Renmin University of China ›› 2021, Vol. 35 ›› Issue (2) : 125-134.

Private Law Protection of Anonimous Right of Real Estate——From the Perspective of the Opposition of Execution by Nonparties

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Abstract

On the issue of whether the civil rights and interests enjoyed by the real estate dormant person can be ruled out of compulsory execution,the general theory tends to invoke the appearance doctrine conclusion established by the current law to protect the trust interests of the applicant for bona fide executionHowever,in practice,there are often judgments affirming that the real rights of the real estate dormant person can produce antagonismThere are many ways to explore the value concept and interpretation method of the general viewRechtsschein Theory should be an exception rather than a principle in the system of property lawPriority to protect the interests of trust is not equal to protect the bona fide third partyThe fact of payment of consideration and the way of publicity of possession are related to the antagonism of dormant rights,and the restriction of civil rights by policy objectives should follow certain limitsDifferent situations should be treated differently in the lawsuit of execution objection by the outsider,and the right of real estate anonymity should be protected conditionally

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The opposition of execution of nonparties / Rechtsschein Theory / Reliance interest / Right of anonymity of real estate

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YAO Hui, QUE Zibing. Private Law Protection of Anonimous Right of Real Estate——From the Perspective of the Opposition of Execution by Nonparties[J]. Journal of Renmin University of China, 2021, 35(2): 125-134
PDF(7753 KB)

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