金融仲裁中不动产抵押物“以物抵债”的执行困境及其破解

在金融仲裁中通过调解文书提前明确不动产抵押物＂以物抵债＂的清偿方式,来简化该类案件的执行程序,目前尚存在抵押权人单方办理转移登记障碍、在登记过程中对抗第三方保全等一系列技术问题,在不违反既定规范及立法精神的情况下,可以通过仲裁机构、房屋登记部门以及法院执行部门的三方协作,来直接执行特定情况下的＂以物抵债＂仲裁文书,真正实现金融仲裁案件的效率执行与案结事了。

Through the process of arbitration awards in the financial or real estate collateral clear in advance of mediation documents ＂paying the debt by thing＂ the settlement of ways to simplify the execution of such cases after the stage; while in the absence of a clear basis for the stage, with the housing authority, the court of the Executive Board to carry out joint cooperation, and actively play the rules of the arbitration committee force created to solve a series of technical problems, such as the mortgagee unilaterally against third parties for the transfer of the registration and preservation of the registration process, etc. , to innovate the enforcement mechanism of arbitration documents of the ＂paying the debt by thing＂, as to really improve the efficiency of cases.