Can mortgage with housing exclude compulsory execution

about “ To pay for something ” The signed housing sales contract should consider whether the mortgaged debt has priority , We should also consider the true meaning of the civil legal act . generally speaking , The house purchase and sale contract serves as “ To pay for something ” Realization way , The real intention of both parties lies in the transfer of the subject matter of the house as a way to repay the old debt , Different from the real sense of housing sales . Before the house transfer , The new debt generated by the sales contract has not been eliminated , New debt and old debt coexist , Therefore, the buyer's right to fight against the application executor outside the sales contract should not exceed the validity of the old debt .

《 Provisions of the Supreme People's Court on Several Issues concerning the handling of objections to execution and reconsideration cases by the people's court 》 What Article 28 protects is the real right expectation right of the buyer of the real estate without fault , One of the conditions is “ The full price has been paid , Or part of the price has been paid according to the contract and the remaining price has been delivered for execution according to the requirements of the people's court ”, And the burden of proof of this condition is borne by the buyer .

adopt “ To pay for something ” Generally, the right to expect housing obtained by means of can not prevent the implementation . The key substantive problem of the action of execution objection is to compare the effectiveness order of different types of rights on the subject matter of execution . Although the expectation right of real right of ordinary buyers is given “ The real right ” name , But after all, it is not a vested real right , In essence, it is still the right of claim . about “ To pay for something ” The signed housing sales contract should consider whether the mortgaged debt has priority , We should also consider the true meaning of the civil legal act . generally speaking , The house purchase and sale contract serves as “ To pay for something ” Realization way , The real intention of both parties lies in the transfer of the subject matter of the house as a way to repay the old debt , Different from the real sense of housing sales . Before the house transfer , The new debt generated by the sales contract has not been eliminated , New debt and old debt coexist , Therefore, the buyer's right to fight against the application executor outside the sales contract should not exceed the validity of the old debt .