Debt in rem is a cohesive legal concept,including guarantee in rem and liquidation.Depending on whether the new debt and the old debt are coexisting or substituting relationship,the liquidation type can be further divided into new debt settlement and debt modification.Since the creditor of the modified debt has the same legal status as the buyer of immovable property,it has the right to exclude the enforcement of the bond-ed house if it meets the requirements of Article 28 of the Enforcement Objection Reconsideration.The trans-feree of the right in rem can exclude the enforcement of the bonded house only if it has entered into a con-tract of sale with the owner of the actual registered right to the immovable property and satisfies the require-ments of Article 28 of the Enforcement Objection Reconsideration.When the rights and interests of the as-signee of the"thing"settled in rem are infringed,according to the nature of the right,the claim or the ex-pectancy right in rem can be remedied through the bidding rules or the enforcement objection action or the third-party cancellation action,respectively.The enforcement court may,in accordance with the law,issue a consensual in rem ruling and a mandatory in rem ruling,and when the in-rem ruling is wrong,the parties can obtain relief through enforcement objection litigation or enforcement supervision procedures.
Debt in KindIn rem AdjudicationRight to Expectancy in RemEnforcement of Objec-tionsRights Remedies
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维普
