论民事强制执行拍卖之法律效力

On civil forcible execution auction's legal effect

强制执行拍卖的性质是决定该制度价值和目的实现的终极因素。强制执行拍卖性质存在不同学说,我国应以公法说为基础完善强制执行拍卖效力的规定。不动产的取得应不依赖于对不动产的权属登记或产权证书的交付;拍卖标的物风险转移应与物权取得时点加以区分;强制执行拍卖成交后,拍定人应无瑕疵担保请求权;应取消当事人协商确定拍卖不动产上各种负担的权利。

The character of the execution of auction is the decisive factor to decide the value of the system and purpose realization,there are several issues about it,the system based on the public laws ought to be set up and improved in our country.The legal effects in the execution of auction on a basis of public law get the real property should not lie on the register and certificate of the property right;to distinguish between the shifts of the risk metastasis by auction and the time and place of getting the ownership;the person who get ownership should get the right of warranty against right defect after the auction;negotiating about canceling all burden on the various real property from the interested person.