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在审判实践中不难看到某些与物权相似,但又不是严格法律意义上的物权,这类权利与债权相比,较难界定到底哪个权利应受到优先对待。本文主要阐述房产交易完成前,因房产出卖人尚有其他债务问题,债权人起诉并要求对未登记到买受人名下的房产进行查封,法院应否保障房产买受人的权益的问题。本文认为,如果法院查实房产买受人在合同的订立及履行过程中均为善意,并履行了合同义务,且交易过程符合当地习惯、交易价格符合市场价格的标准等等,那么可认定房产买卖合同有效,法律可赋与房产买受人一种与实际物权主体具有同等法律地位的主体形式(本文称之为拟制物权主体),其已具备享有物权的内在条件,可对房产行使请求权。那么查封房产就会损害善意房产买受人的合法权益,法院应予保护。
In trial practice, it is not difficult to see some real rights similar to real rights but not strictly lawful. Compared with claims, such rights are more difficult to define which rights should be given priority. This article mainly elaborates on whether the court should guarantee the rights and interests of buyers of real estate before the completion of real estate transaction because the seller of property still has other debts, the creditor sues and demands the seizure of the properties that have not been registered to the buyer. This article argues that if the court verifies that the buyer of the real estate is goodwill in the process of entering into and executing the contract, and fulfills the contractual obligation, and the transaction process accords with the local custom and the transaction price meets the standard of the market price, then the real estate sale and purchase The contract is valid, the law may be given to the buyer of real estate and the actual legal rights of the subject has the same legal status of the main form (referred to in this article as the subject of property rights), which already have the inherent conditions of property rights, real estate Exercise the right of request. Then the closure of real estate will damage the goodwill of the legitimate rights and interests of real estate buyers, the court should be protected.