對於動產強制執行之探討

所謂動產，原則上與民法上動產之概念相同，指不動產(土地及其定著物)以外之物，例如:金錢、有價證劵、車輛、不動產之出產物其以分離或尚未分離，惟將成熟能於一個月內收穫者。而實務上除民法第67條所規定之不動產以外之物，均屬為動產，本文所指乃前述之動產外而為實務上於查封時較爭議性之動產，並就動產的定義及種類以及動產強制執行之程序作為介紹。而現代社會，因工商業高度經濟活動之結果，發生各種交易，產生不同之債權債務關係，人類最重要及最普遍之財產權，已非物權而是金權債權。且現代科學技術發達，人類智慧所創造之產品，不斷產生，並受法律保障，而得為交易之標的，例如著作財產權、專利權、商標權等無體財產權，其價值不遜於動產、不動產或船舶及航空器此等具有財產價值而可讓與之權利，種類繁多，難以列舉。故強制執行法將債務人所有動產、不動產、船舶及航空器以外之一切財產，統稱為「其他財產權」。而「查封」「換價」「滿足」為金錢債權強制執行之三階段，動產之執行方法，則須先查封，查封後始得拍賣或變賣，為經查封所為之拍賣或變賣，應屬無效。換言之，債務人之財產為債權人債權之總擔保，故凡債務人具有交易價值之財產，足以滿足金錢債權之債權者，皆得作為金錢請求權強制執行之標的，然而，因法令之限制，買受須向主管機關登記之動產例如車輛或商標，卻不如買受不動產後所有權移轉之權利義務劃分清楚與明確，車輛部分如原所有權人有欠稅費，則買受人須全部清償後方能辦理過戶，故本文建議能予以修正或強制執行法之規定。

關鍵字

動產；拍賣；占有；商標；強制執行

並列摘要

It's not enumerated clearly in law in most countries. It's generally considered as the property as opposed to real property and things which are constantly affixed thereto. And excluding whose execution is the way against fixed property, property which can be exe-cuted as movable property is movable property as well, which refers to the property other than real property. In practice, it all belongs to movable property except for the real proper-ty defined by Article 67 of Civil Law. In this article, the movable property is referred to not only the former but also particularly referred to the movable property that will have some controversial issues when being attached. Therefore, this article proposes to amend the provisions of the Enforcement Act, such as the immovable property, movable property, or intangible property rights or other proper-ty that need to be registered with the competent authority, should be allowed by the shoot-er to transfer the rights granted by the enforcement court. The certificate handles the trans-fer of ownership registration. The debtor’s property is the total guarantee of the creditor’s claim, and the obligor’s property is called “responsible property”. "Responsible property" is divided into movable property, immovable property, property rights. The term “money claims” refers to claims that are intended to pay a certain amount of money. In practice, auction vehicles have ve-hicles that have already set up movable property guarantees, and bought vehicles that are already in liquidation. Why is ownership not a buyer? Why is the car auctioned off by the court, why is the license tax still borne by me, etc.? Legal issues along the birth. Therefore, this article proposes to amend the provisions of the Enforcement Act, such as the immova-ble property, movable property, or intangible property rights or other property that need to be registered with the competent authority, should be allowed by the shooter to transfer the rights granted by the enforcement court. The certificate handles the transfer of owner-ship registration.