Why can t it be executed? What circumstances the court can not enforce

Legal analysis: The so-called inability to enforce refers to the situation where the person subject to enforcement really has no property to be enforced, or the property of the person subject to enforcement is objectively impossible to dispose of, and the case cannot be enforced even if the enforcing court exhausts all means. The failure to enforce such cases is not due to the failure of the people's courts to enforce the law, but to the loss of solvency of the person subject to enforcement.

"Inability to Enforce" as an objectively existing judicial phenomenon is caused by a series of subjective and objective reasons.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 256:In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) the applicant indicates that enforcement may be extended;

2) Persons not involved in the case raise a credible objection to the subject matter of enforcement;

3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

4) The legal person or other organization that is a party is terminated, and the rights and obligations of the person to whom the rights and obligations have not been determined have not yet been determined;

5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the roll will resume enforcement.

Article 257:In any of the following circumstances, the people's court rules to terminate enforcement: (1) the applicant withdraws the application;

2) The legal documents on which enforcement is based have been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

In general, there are three solutions: First, terminate the execution. In any of the following circumstances, the people's court shall rule to terminate enforcement:

The citizen who is the person subject to enforcement dies, has no estate to be enforced, and has no obligation; A citizen who is a person subject to enforcement is unable to repay the loan due to living difficulties, has no income**, and loses the ability to work; The person subject to enforcement is declared bankrupt by the people's court; After the enterprise legal person or other organization that is the person subject to enforcement is revoked, cancelled, or revoked its business license, or has its business closed or terminated, it has neither property to be enforced, nor an obligated successor, nor is it able to add or change the subject of enforcement in accordance with law. The second is to end this execution. After exhausting the property investigation measures and not finding that the person subject to enforcement has any property available for enforcement, and the procedures prescribed by law have been completed, a ruling may be made to terminate the enforcement procedure after the applicant for enforcement signs and confirms it or the enforcement court forms a collegial panel to review and verify it and is approved by the court president.

The third is judicial assistance. After the whereabouts of the person subject to enforcement are unknown or all enforcement measures have been exhausted, it is discovered that the person subject to enforcement is indeed incapable of enforcement, and the economic conditions of the person applying for enforcement are extremely difficult enough to maintain daily life, the state shall provide him with certain economic assistance in accordance with relevant provisions to help him solve his living difficulties. "Civil Code of the People's Republic of China" Article 33: Adults with full capacity for civil conduct may consult with their close relatives or other individuals or organizations willing to serve as guardians in advance to determine their guardians in writing, and when they lose or partially lose their capacity for civil conduct, the guardians are to perform guardianship duties.