In the execution program，The type of physical rights that can generate the effect of excluding compulsory execution effects that the outsiders of the case mainly include ownership、Using beneficiary rights、Special guarantee property rights、Lease right、Equity、Together。Among them，Outsiders are the most common situation in requesting the court to exclude the execution on the grounds of ownership of ownership。In recent years，In the judicial practice, a complimental request for the case of the objection to the case of the case of the case of the case of the case of the case is often used to eliminate the mandatory enforcement case。This article is "Xianxian Xinrui Micro Loan Co., Ltd.、A complaint of the Outsiders' Executive Outsiders in the Sun Yue Case "[(2020) Supreme Dharma Shenshen No. 4] as an example，To promote the successful solution of such disputes。

[Introduction to Case Case] ​​Sun and Chen negotiated and signed a borrowing of a house to buy a house，The agreement stipulates that Sun will borrow Chen's name to buy a property，Chen signed a house purchase agreement with the housing seller as the name buyer，And the price and deposit of the house、Service expense payment is agreed。But the purchase of the house and the related expenses are actually paid by Sun Mou，and possess it by it、Residence。Later, due to Chen and Xianxian Xinrui Micro Loan Co., Ltd.，The real estate is confirmed by the court's effective mediation letter to enter the implementation auction procedure。At this time，As the actual buyer, Sun Michards to the Cangzhou Intermediate People's Court of Hebei Province to issue an outsider's objection to the outsiders，Request the court to confirm that the case is involved in the property as it is all and excludes the enforcement of forced Bet365 lotto review execution。This case has gone through the first instance of the court、Second instance、Review，The court all supports Sun's demand for excluding compulsory execution。The Supreme People's Court retrial ruling believes，Housing property rights registration is only used to record the natural status and ownership of real estate，Only possessive validity of non -motion property rights，It does not have the determination effectiveness of real estate actual belonging，When the existing evidence can prove that Sun's name is purchased by Chen, when the house involved in the house and the actual payment of the house，The registration status of the ownership of the property right does not affect the actual property rights of Sun's house involved in the case。Therefore, the retrial application of Xianxian Xinrui Micro Loan Co., Ltd.。

[Referees] Real estate registration is only used to record the natural status and ownership of real estate，Only possessive validity of non -motion property rights，It does not have the determination effectiveness of real estate actual belonging。In the case of a case of outsiders on the case of the case filed by the house buyer,，If the celebrities can provide evidence to fully prove that they have signed a legitimate and valid borrowing agreement with the celebrities、Entrusted contract and housing ownership related to it，Prove that it has paid all or part of the price as an actual funder or a payer and actual possession、Manage or dominate the house，and the borrowing of celebrities does not have any error in the registration of real estate without transfer registration。At this time，Law should stand in substantial fairness、angle of justice，Cutting off the right to correct the real estate registry，The actual ownership of real estate involved in the case should be borrowed by celebrities，Borrowing celebrities as the actual owner of the property involved in the case，can exclude the court's forced execution。

[Legal Analysis] Article 209 of the Civil Code，Establishment of product rights、Change、Transfer and elimination，Register according to law，Effectiveness; without registration，No effect，However, except bet365 live casino games the law is otherwise stipulated。This strip clearly clarifies the essential effective elements of the non -moving product rights change based on legal behavior is effective cause behavior and property rights registration，At the same time, the right to register the real estate registration is given。This main purpose of the system design that is confirmed by the country's right to assume the rights of the country is: one is regulation，Second is to protect transaction security。On the one hand，Establishment of national power to involve the product right、During the change process，Behavioral activities to guide or adjust market entities，Realize national regulations，Form a peaceful and orderly property order。On the other hand，Troubleshooting with real estate registration，To protect the legitimate rights and interests of the right holder and transaction security，Realize the efficient circulation and allocation of property rights resources。Real Estate Registration System plays an irreplaceable role in realizing the effective management of the country and promoting the development of the market economy，But the registration of real estate announced that it is essentially a speculation or judgment that may exist in rights，Trading in the market、The current frequent circulation of resources，This speculation or judgment may not match the actual situation。If strictly follow the state of the real estate registry, determine the ownership of property rights，It may damage the legitimate rights and interests of the actual person。So，"Civil Code" Article 220 gives the right holder、Intellectuals think that there is an error in the real estate registration book records，You can apply for correction registration、Rights registered by objection。"The Supreme People's Court on the Application of the" Code of the People's Republic of China "in the Editors of the People's Republic of China (1)" also stipulates，The parties have evidence to prove that the record of the real estate registry bet365 live casino games is not in line with the real right status、It is the real right holder who should not move the product right，Request to confirm that it has property rights，should be supported。The state through the above system design to make up for the intense and conflicting relationship between the formal property and substantial property rights expressed in real estate registration。

In the scenario of buying a house，Although the fame buyer in the name is，Signed a house purchase contract with the seller，Register the house transfer in its name，But in fact the occupation of the house、Use、Income、Power of punishment and other authority can all borrow and exercise by celebrities。At this time，The "shell" with the right of the house has the right to the house，but not enjoying any substantial right content。In this case，The attitude of buying a house from the seller's place to buy a house is clear、Specific，Although the parties of the house trading are Chen Mou，and the house is registered under the name of the famous man Chen，But the purchase of the house involved in the house is paid by Sun Mou，And the house belongs to Sun and the actual possession of the house，The above facts are proof of evidence provided by Sun Mou。At this time，Borrowing celebrity Sun is the substantial owner of the house。

Problems of property ownership of buying a house for names，Current，There are two perspectives in the academic community。A point of view，If the case involved in the house is actually funded by celebrities and possesses it，And and the fame and the borrowing person have reached a written agreement in writing about the ownership of the house，Although the form of the form of the registered registered by celebrities absent from celebrities，But it cannot be ruled out accordingly to the de facto ownership of the house with celebrities。If you follow this view，Then the ownership of the house involved in the house should be owned by Sun, all。Another point of view，There is no concept bet365 Play online games of "de facto ownership" in our law，Identification、Judging the property ownership of real estate，It should strictly follow the establishment of non -moving product rights、Basic rules of the change，Borrowing celebrities are not owners of the house，It only enjoys the right to claim the claims involved in the house to the house to his name。

The author agrees with the previous point of view，The effectiveness of the real estate registry only has the positive valid of non -motioned property rights，It does not have the determination effectiveness of real estate actual belonging。This form of judgment based on the laws and regulations，When conflicting with the real situation of the rights，The substantial judgment of the existence of rights should be allowed，This is the fairness of the law、Internal requirements of justice。This also means that when the actual owner can provide evidence to overthrow the rights appearance recorded by the real estate registry，The court should support。In the execution program，Implementation relief for outsiders for outsiders，The court adopts the trial mode of the two confrontation，is the way to trial，This also means when judging the issue of buying house rights to borrow names，The standard for not only stays in the form of appearance review，It should be combined with the facts of the case、Evidence status to comprehensively judge。If the celebrities can provide evidence to fully prove that they have signed a legitimate and valid borrowing agreement with the celebrities、Entrusted contract and housing ownership related to it，Prove that it has paid all or part of the price as an actual funder or a payer and actual possession、Manage or dominate the house，and the borrowing of celebrities does not have any error in the registration of real estate without transfer registration，At this time，The court shall determine the right of rights according to the objective and real situation，It is determined that the case involved in the real estate borrowed all the celebrities。

other，Does the civil rights of buyers who buy householders be excluded for the court for enforcement? Article 25 of the Supreme People's Court on Several Issues of the People's Court of the People's Court to perform an enforcement objection and reconsideration cases (hereinafter referred to as the "Regulations on Executions and Reconsideration") Establish a general review standard for outsiders Bet365 app download for outsiders' execution of objections，That is "the principle of form review，Exception of substantive review "Case Foreign People Examination Rules Examination Rules，That is to fully implement the principles of publicity of civil entities and the basic concept of rights exteriorism。According to this provision，The ownership of real estate ownership is mainly based on real estate registry，Unregistered registered registers of land use rights、Construction Engineering Planning License、Construction license and other relevant evidence judgment。At the same time，In order to reduce the disadvantage of the principle of review principles for execution procedures，A negative effects caused by the legitimate rights and interests caused by the reducing form review may have errors and the legitimate rights and interests of the parties，"Regulations on Execution Objection and Reconsideration" also determined the exception of formal review principles，Allows the execution of the court to conduct limited substantial review of the case of outsiders' execution of outsiders。For example, Article 28 of the "Regulations on Execution and Reconsideration"、Article 29，is the exception of the case of outsiders' execution of objection form review principles。But the case and objection of the outsiders' execution of objections are different，It belongs to the execution relief procedure of outsiders，Applicable is two -made confrontation、The court trial mode of words debate，The parties complain about the physical rights of the subject matter of the case，It has a significant impact on the interests of the parties，It is related to the ownership of material property and the stability of the basic property order。In the case of buying a house involved in the name，If you better implement the substantial justice，It is not possible to blindly follow the standards of the ownership of the real estate registry.。

bet365 best casino games