Job Recruitment Website - Property management - Does the court have the right to auction its only property without the consent of the owner?
Does the court have the right to auction its only property without the consent of the owner?
The Provisions on Several Issues Concerning People's Courts Handling Cases of Objection Reconsideration ensures the parties, interested parties and outsiders to exercise their objection rights, and meets the objective needs of people's courts in handling cases of objection reconsideration. It stipulates that the only house under the name of the person subjected to execution can be executed.
According to the relevant provisions of the Supreme Law, if the object of execution is a residential house necessary for the person subjected to execution and his dependents to maintain their lives, execution may be exempted. However, not all people who are executed will stop execution as long as they have only one house. If the only house in the name of the person subjected to execution is beyond the necessary scope of the life of the person subjected to execution and his dependents, the people's court may enforce it.
Provisions on Several Issues Concerning the People's Court's Handling of Cases of Objection to Execution and Reconsideration: Article 20 The People's Court shall not support the execution of monetary creditor's rights in any of the following circumstances, if the person subjected to execution raises an objection on the grounds that the subject matter of execution is the residential house necessary for him and the person subjected to execution to maintain his life:
(1) The person subjected to execution who has the obligation to support has other residences necessary for maintaining his life;
(two) after the execution basis comes into effect, the person subjected to execution transfers other houses under his name in order to avoid debts;
(3) The application executor provides housing for the executor and his dependent family members according to the local low-rent housing security area standard, or agrees to deduct the rent for five to eight years from the variable housing price with reference to the average rent standard in the local housing rental market.
According to the execution basis, the house delivered by the person subjected to execution shall be given a grace period of three months from the date of delivery of the execution notice. If the person subjected to execution raises an objection on the grounds that the house is a necessity for himself and his dependents, the people's court will not support it.
- Related articles
- Which village committees are under the jurisdiction of Zhaoxiang Town, Qingpu District, Shanghai?
- Where is the shop address of Lushan Green Park in Shangrao?
- Renovation of Yihezhuang Old Village
- Where is Bengbu Sunac Building?
- How about the surrounding facilities of Huaibei Xiangxie Left Bank Community?
- Relevant report of Xi 'an Chanba Development Co., Ltd.
- High-risk areas in Hong Qing
- What about Chengdu Zhonghai International Community?
- What about Tianjin Xinda Property Management Service Co., Ltd.?
- Provisions of Jiangsu Province Property Management Regulations on Vacant Houses