On 18th March 2025, JAVY law firm successfully held the activity of ‘Several Typical Circumstances Precluding Enforcement’. The event was delivered by JAVY law firm partner Wang Yaoze, and the video number was broadcasted online simultaneously.
Relying on his rich experience in civil and commercial litigation and enforcement cases, combined with the latest judicial practice, Mr Wang Yaoze systematically sorted out four categories of typical cases of exclusion of enforcement, covering rights in rem, rights in anticipation of rights in rem, claims, and the application of the effective legal documents, which provided the attendees with legal guidelines of great practical value.
In the field of property rights, Mr Wang focused on the judicial application of security rights and ownership retention system. With regard to the right of expectation, Mr Wang emphasised that the right of residence of consumers of commercial properties has priority over the right of mortgage and the right of priority compensation for the price of construction works, and through typical precedents such as the Supreme Law Guiding Case No. 156, he explained the judicial determination standards for the core elements such as the legal possession of the buyer, the payment of the price, and the registration of the transfer of the property with no fault.
In terms of protection of claims, Mr. Wang analysed the exclusionary effect of leasehold rights, advance registration and property agreements in divorce agreements in the context of the Civil Code and judicial interpretations. Pointed out that the lease right establishment time on the ‘sale does not break the lease’ rule, the advance notice registration can give the claim in rem effect, and the divorce agreement in the house belongs to the counter effect of the agreement to be combined with the specific case to determine.
Mr. Wang also introduced the practical points of exclusion of enforcement through legal instruments in force in another case, including the conditions of application of different types of instruments, such as decisions on tenure disputes, judgements on contract cancellation or nullity, and rulings on auction sales in enforcement proceedings, and reminded lawyers to pay attention to the focus of the judicial review on the balance of interests and price return.
In the interactive discussion session, the atmosphere was warm, and the lawyers actively asked questions around the practical difficulties. A number of lawyers combined with handled cases, cutting-edge issues and other in-depth discussions.
JAVY law firm has always been committed to consolidate the construction of lawyers and excellent law firms, the industry sage exchange and interaction platform, to promote the personal development of lawyers, planting legal expertise and skills for lawyers to empower.
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