论文部分内容阅读
我国民事诉讼法规定,凡因不动产提起的诉讼均由不动产所在地专属管辖。但是这一规定使得不动产纠纷在法律依据上显得较为模糊,使得在司法实践中的界定也莫衷一是。法律规则在适用上的不确定性会扩大法官的自由裁量权,显然也会侵害当事人的合法权益。本文参照国外和地区的先进立法例和依据我国的具体国情,对这一问题进行初步探讨,提出了思考建议。
China’s Civil Procedure Law stipulates that where the lawsuit filed for immovable property is governed exclusively by the locality of immovable property. However, this provision makes the real estate disputes appear more vague on the legal basis, making the definition of judicial practice is also neither consistent. Uncertainty about the application of legal rules will expand the discretion of judges and will obviously infringe upon the legitimate rights and interests of the parties concerned. Based on the advanced legislation of other countries and regions and based on the specific national conditions of our country, this article makes a preliminary discussion on this issue and puts forward some suggestions.