开发商预售的房屋烂尾后，或者房子虽已交付但业主还没有办下房产证，房屋往往成为强制执行中财产 争议的一大焦点，买房人、抵押权人、享有建设工程价款优先受偿权的承包人，优先保护谁？ 在这起案件中，司法裁判需要回应的是，在衡量买房人的生存居住权与债权人的财产债权之间，谁的权 益更需要优先保护？在城乡融合发展中，韩某遇到的房屋纠纷案并非个例。 对韩某这类案件和烂尾楼有关的执行异议之诉中棘手的司法问题，最高法院最近作出明确回应。 2025年7月23日，最高人民法院（下称"最高法院"）发布《关于审理执行异议之诉案件适用法律问题的 解释》（下称"执行异议之诉司法解释"），对于期房预售中的交易监管、预售资金监管、不动产登记等 环节存在的问题，着手细化落实稳定预期、化解风险工作。其中对于商品房消费者权益保护进行细化， 进一步拓宽保护范围，更大力度守护买房人的合法权益。 一、买房人的居住权能否对抗金钱债权 在韩某房屋的执行异议案件中，因韩某名下在农村另有住房，这成为这类案件以往的一个争议焦点。根 据以往的规定和司法实践，在民事执行领域，如果被执行的房产是买房人的唯一住房，可排除强制执 行。但如果还有其他房产，则不能排除强制执行。如 ...

Core Points - The Supreme People's Court has implemented an interpretation regarding the legal issues related to the execution of objections in lawsuits, providing stronger legal protection for homebuyers affected by unfinished buildings [1][3] - The interpretation addresses the common issue of "difficulty in refunding" for homebuyers when contracts are terminated due to non-delivery of properties, allowing courts to support requests for the return of payments from the property sale proceeds [3] Summary by Sections Legal Framework - The interpretation consists of 23 articles that clarify specific rules for protecting the rights of homebuyers, including handling of paid amounts after contract termination and property registration requests [3] - It particularly targets the issue of unfinished buildings, offering a solution for homeowners whose contracts have been terminated [3] Financial Implications - Article 12 of the interpretation allows homeowners of unfinished buildings to file an objection lawsuit if the court has frozen the developer's pre-sale funds, enabling the potential release of these funds for refunds to homebuyers [3] - This change means that previously frozen pre-sale funds can be utilized under certain conditions, enhancing the financial recourse available to affected buyers [3] Impact on Homebuyers - The interpretation expands the protection for homebuyers from "housing needs" to "living needs," removing the restriction on "only housing" and easing the recognition of property types [3] - Legal experts believe this development is significant for homeowners of unfinished buildings, providing much-needed support in resolving refund disputes with developers and courts [3]

Core Viewpoint - The Supreme People's Court has issued an interpretation regarding the application of laws in cases of execution objection lawsuits, effective from July 24, which aims to enhance the efficiency and correctness of handling such cases and protect the legitimate property rights of civil subjects, particularly focusing on the rights of consumers in the real estate sector [1] Group 1: Legal Framework and Procedures - The interpretation consists of 23 articles that clarify jurisdiction, filing, and the consolidation of related claims in execution objection lawsuits [2] - It specifies that the court responsible for the execution of the relevant subject matter will handle the objection, reducing disputes arising from jurisdictional uncertainties [2] - In cases where multiple courts have seized the same execution subject, the interpretation outlines that the objector should name the first seizing applicant as the defendant, ensuring the protection of all parties' litigation rights [2] Group 2: Rights Protection and Execution Measures - The interpretation establishes that if an outsider is found to have civil rights that exclude forced execution, the court must simultaneously lift the corresponding execution measures [3] - It emphasizes the need for continued examination and adjudication during the objection process, especially in cases of bankruptcy or retrial, while allowing for the possibility of relief through auction proceeds or separate lawsuits if improper sales occur [3] - The interpretation allows for the termination of cases if the execution process has concluded and no disposition of the subject matter has occurred, while still permitting the continuation of claims that retain legal interest [3] Group 3: Consumer Rights in Real Estate - The interpretation provides detailed regulations for protecting the rights of real estate consumers, including conditions for transferring ownership and handling payments after contract termination [4] - It specifies that consumers who purchase homes for residential needs can contest executions related to commercial interests in real estate development [4] - The interpretation also addresses the protection of rights for individuals whose properties are requisitioned for public interest, ensuring their civil rights are safeguarded [4]

Core Viewpoint - The Supreme People's Court has issued an interpretation aimed at enhancing the protection of homebuyers' rights, particularly in cases of execution objection lawsuits, which have been on the rise in recent years [5][8]. Group 1: Legal Interpretation and Implementation - The interpretation consists of 23 articles and aims to provide clearer guidelines for execution objection lawsuits, addressing issues such as the lack of specific rules and the difficulty in coordinating related disputes [5][8]. - The new rules clarify conditions under which homebuyers can request the return of paid purchase prices and the handling of ownership transfer registration after contract termination [8][9]. Group 2: Consumer Rights Protection - The interpretation expands the scope of protection for homebuyers, emphasizing the need to safeguard their legitimate rights, especially in cases where homes cannot be delivered [8][10]. - It allows homebuyers to challenge the enforcement of claims against real estate developers if the purchased property is intended for family living needs, thus broadening the criteria for protection [9][10]. Group 3: Impact on Developers and Legal Proceedings - The interpretation specifies that courts should support homebuyers in requesting the release of funds from frozen pre-sale accounts under certain conditions, which is significant for owners of unfinished properties [10][11]. - It also clarifies that execution objection lawsuits should be suspended during bankruptcy proceedings, allowing for a more structured approach to managing these cases [10][12].

Core Viewpoint - The Supreme People's Court has issued an interpretation regarding the application of laws in cases of execution objections, specifically aimed at enhancing the protection of consumer rights in the real estate sector. This interpretation will take effect on July 24, 2025 [1] Group 1 - The interpretation provides detailed and specific regulations for the protection of consumer rights in the purchase of commercial housing [1] - It broadens the scope of protection for homebuyers, indicating a stronger commitment to safeguarding their legal rights [1] - The new regulations are expected to have a significant impact on the real estate market and consumer confidence [1]