Empirical Study on the Adjudication of Rights in Objection to Enforcement by Third Parties in Presale Housing Cases:Based on the Analysis of 91 Judgment Documents
The lawsuit against the objection to enforcement by third parties of pre-sale housing refers to a legal ac-tion initiated by a third party after their objection to the enforcement of pre-sale housing has been rejected.The key issue in this lawsuit is whether the third party has the right to exclude the ongoing enforcement of pre-sale housing.Currently,the legal rules regarding the rights of third parties to object to enforcement of pre-sale housing are still unclear at the legislative level and face numerous challenges in judicial practice.This article examines 91 judg-ments from the Supreme People's Court to analyze the standards,review process,and legal basis in judicial prac-tice,providing a comprehensive assessment of the current state of judicial rulings.It identifies issues such as the unclear types of pre-sale housing rights,the misuse of property rights expectations and the instability of pre-sale housing rights priority rules,as sources of disputes among parties.Through in-depth reflection,it proposes improve-ment strategies aimed at providing recommendations to legislative bodies to enhance pre-sale housing enforcement rules and serve as a reference for judicial authorities in the adjudication of pre-sale housing rights,with the ulti-mate goal of providing stronger legal protection for pre-sale housing rights holders.
presale housingobjection to enforcement by third partiesadjudication of rightsproperty rights expectations