2. If the auction procedure is not illegal, the auction is valid. If the court gives a wrong notice and has a major fault in the loss, it shall be liable for compensation.
3. If the court does not approve the lease, it may raise an execution objection, submit the evidence of the lease and the auction announcement for defense, and refuse to vacate. If the lessee's rights and interests have been harmed by compulsory retirement, the court may also demand compensation. Judicial auction is the first choice for the court to deal with the seizure and freezing of property at a fixed price. When conducting judicial auction, it is necessary to evaluate the value of the subject matter to be auctioned, and the court will determine the reserve price according to the evaluated value. What should I do if I disagree with the judicial auction? How to deal with the objection to judicial auction?
According to the relevant judicial interpretation in the Supreme People's Court, if the outsider has any objection to the judicial auction, the French people's court shall withdraw the auction entrustment.
Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts
Article 20 Before the auction begins, the people's court shall withdraw the auction entrustment under any of the following circumstances:
(1) The effective legal document based on which it was executed has been revoked;
(two) the application executor and other enforcement creditors withdraw the application for enforcement;
(3) The person subjected to execution has fully fulfilled the monetary debts determined by legal documents;
(four) the parties have reached a settlement agreement, there is no need to auction the property;
(five) the outsider raised legitimate objections to the auction property;
(6) The auction institution colludes with the bidder in bad faith;
(seven) other circumstances in which the auction commission should be revoked.
Relevant provisions on objections to house auction: 1. Before the auction, the house shall be sealed up;
2. Before the auction, evaluate the house;
3, the first auction (auction of real estate, should be announced fifteen days before the auction);
4. The second auction;
5. The third auction;
7. Transfer of ownership.
"Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts" Article 30
Provisions of the Supreme People's Court Municipality on Several Issues Concerning the Enforcement of the People's Courts (for Trial Implementation).
Article 50 If the person subjected to execution fails to perform the obligations specified in the effective legal documents, the people's court has the right to rule that the person subjected to execution is prohibited from transferring his intellectual property rights such as patent right, exclusive right to use a registered trademark, copyright (property right part), etc. If there is a registration authority for the above-mentioned rights, it shall also issue a notice of assistance in execution to the relevant departments, requiring them not to go through the formalities of property right transfer, and if necessary, it may order the person subjected to execution to submit the certificate of property right or use right to the people's court for preservation. Measures such as auction and sale may be taken for the property rights listed in the preceding paragraph.