Win the lawsuit, lose the real estate How to solve the difficulty in the execution of real estate di

1. Time limit for enforcement.

1. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date of filing the case; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted.

2. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of the court for approval. Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period. ”

3. If the enforcement is not carried out within six months, the person applying for enforcement may apply to the people's court at the next higher level for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

2. Methods of Implementation.

For the property subject to enforcement, the people's court may freeze, transfer deposits, or retain them during enforcement; searching, sealing, seizing, auctioning, or selling property; Forced eviction from the house and other ways. However, when the people's court takes these measures, it shall retain the necessary living expenses of the person subject to enforcement and his or her dependents.

3. Implementation supervision.

Where the parties and interested parties believe that the specific enforcement by the enforcement personnel is improper or in error, they have the right to report to the people's court where the enforcement personnel are located, and the people's court shall promptly handle it.

Parties and interested parties have the right to request enforcement personnel to perform their duties in accordance with law, and have the right to report or make accusations to the discipline inspection department or other relevant departments of the people's court for illegal acts of enforcement personnel in the enforcement of cases.

The difficulty of enforcement is a social problem, mainly because the cost of violating the law is low, and now if the judgment is not performed, it will be included that the dishonest person cannot take a plane or high-speed rail. Many of them are judges who do not take the initiative to enforce and delay their performance.

Legal Analysis: First, proceed as with a general civil procedure. Secondly, the principle of "who asserts and who bears evidence" in the Civil Procedure Law must be clarified in real estate disputes, and clear claims must be put forward when filing a real estate lawsuit.

Submit effective evidence to the people's court around these litigation claims. If there is a big quality problem with the house, when claiming compensation from the developer, it is necessary to submit the purchase contract and the housing quality assurance certificate provided by the developer to prove that the quality of the house and the contract are inconsistent with the developer's commitments, and objective evidence materials have caused property losses to themselves.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Legal analysis: The subject matter of the dispute over the housing sales contract is generally relatively large, and the rubber block has a great impact on the individual, so it is recommended that a professional lawyer should grasp the key point of the case to win the case. When initiating a real estate lawsuit, it is necessary to put forward clear claims and submit valid evidence to the people's court.

Legal basis: 1. Article 2 of the "Liang Lu of the Civil Procedure Law", the purpose of the legislation, the task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, hear civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties before balancing, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.

It is necessary to pay attention to the following in real estate lawsuits: Wang He 1. According to the principle of "who asserts, who shall present evidence" in the Civil Procedure Law, when filing a real estate lawsuit, clear requests should be raised. Submit effective evidence to the people's court around these litigation claims.

2. In order to ensure the smooth execution of the judgment, the parties may apply to the people's court to take preservation measures against the corresponding property of the respondent in accordance with the provisions of the Civil Procedure Law.

3. Regarding the statute of limitations, when a party files a real estate lawsuit, it must be filed within the three-year statute of limitations period prescribed by law, so as to avoid losing the right to litigate.

Legal basis: Civil Procedure Law

Article 49: The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.

The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.

Article 100: In cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, if the situation is urgent, it must make a ruling within 18 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Legal analysis: The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

Legal basis: Civil Procedure Law of the People's Republic of China on Suing Brothers" Article 236: Parties must perform on legally effective civil judgments and rulings. If one party refuses to crack and block performance, the other party may apply to the people's court for enforcement, or the adjudicator may transfer the person who is in charge of the socks for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.