被执行人与案外人共同共有房产的执行规则完善路径

The Improvement Path for the Enforcement Rules of the Property Jointly Owned by the Person Subject to Enforcement and the Person not Involved in the Case

被执行人与案外人共同共有房产的执行是执行程序中的难点问题,司法实践中各地做法不一。主要有两个方面原因:一是涉及案外共有人利益的保护,法律关系复杂;二是共同共有人之间不区分共有份额,增加了权利认定、份额分割、拍卖处置的难度。本文从共同共有房产的执行审查、份额分割、拍卖模式出发,梳理出当前共有房产执行中主要面临的争议问题,并从共同共有房产的执行制度完善上提出建议。

The enforcement of the property jointly owned by the person subject to enforcement and the person outside the case is a difficult issue in the enforcement procedure,and the judicial practice varies from place to place.There are two main reasons:first,it involves the protection of the interests of co-owners outside the case,and the legal relationship is complicated;second,common owners do not distinguish common shares,which increases the difficulty of right identification,share division and auction disposal.Starting from the implementation review,share division and auction mode of jointly owned real estate,this paper sorts out the main controversial issues in the current implementation of jointly owned real estate,and puts forward suggestions on the improvement of the implementation system of jointly owned real estate.