| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 97 === Abstract
Since year 2009, the world is facing a fierce financial crisis. None of any finance systems or enterprises could escape from the financial crisis. The global economy is therefore sliding down rapidly as well as the unemployment rate escalating to reach its record high. There is no exception in Taiwan. The national economy has declined to show the blue signal, at the same time, it was the second time of changing the ruling party in Taiwan. While all of the foundation needed to be established, however, the rate of unemployment reached to its record high, also, the shrinkage of Individuals’ wealth can be seen on the went down of GDP, the reduced value of the properties people have, such as their real estates, stock shares. Many financial systems are affected by the mentioned condition and therefore forced to tighten the availability of money. Under this circumstance, the unpaid debts at banks and covert money dealers caused by the general individuals are increased. It seemed very difficult for creditors to solve the problem. In order to fulfill creditors’ right and reduce their loss, the only way is to request the legal auctions held by courthouses to auction the debtors’ properties. However, the condition has also caused the result of the sharp increase on the auction cases of Foreclosed houses in the end. It is an interesting contrast that while the national economy is slowing down but the cases of Foreclosed house auction is escalating high.
How to satisfy creditors’ right ? The only way to do is that to let authorities decide the rights between individuals ( in reality ,confirmed litigation ) , and then to fulfill the desire of creditors’ right ( in procedure, forcing implementation ), to request the nation to complete the atisfaction of creditors’ right. The standard which to fulfill the satisfaction of the rights between individuals is the code of laws of implementation that was established for the nation – The Compulsory Execution Law. Regarding the Compulsory Execution Law, it varies from countries to countries. For instance, it is included in The Code of Civil Procedure in the Nations like Germany, France, Italy, and Mainland China, however, it is an individual implementation code of laws, as the Compulsory Execution Law in our country , Belgium, Austria, and Japan. It is a procedure of completing individuals’ right. It is the action that the National administration on behalf of implementation, using the national power of force to force debtors completing their obiligation in order to accomplish creditors’ right at the same time. The kind of system and function is the Compulsory Execution Law.
The thesis aims on the discussion of how do our national courthouses handle the cases of the Compulsory Execution Law. To discuss and analyse it academically and systematicly based on the possible difficulties occurred when proceeding the procedure of the “ handing over “ of Foreclosed houses on actual status. According
to the procedure of forcing executing auction, the possibility of handing over the auctioned target would determinate the price of auctioned target. If the Highest bidder couldn’t own the target through the executing of official power by courthouse immediately, it is easy to foresee that the possible future litigation occurred and may cause the waste of time, manpower, and expenses. The Highest bidder will probably hesitate on whether to purchase the Foreclosed houses or not. It will turn out an awkward situation that not only the creditors’ right cannot be fulfilled but also the debtors cannot be paid. The perfect “ handing over system” should firstly to maintain, strengthen and reduce the delay on lawsuit of litigants. Secondly, to realize and protect the litigants’ right rapidly. Thirdly, to secure the position of vendees, as well as to prevent the intervention from the illegal third party ( e.g. : Sea slater or gangsters ). Moreover, it should have the function of maintaining the reasonable law and order on auction price level for immovable (real estate) and movable properties. Also, to sustain our social security, and prospers our national economy. Therefore, the thesis tries to discuss both on the technical and practical issues when executing the hang over system of courthouse may meet in practice and in theory, by referring to the examples from other nations and then work out with some solutions which might be useful and can be taken as a reference for the modification or establishment of law in the future.
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