-
Anonymous users2024-02-07Article 232:In any of the following circumstances, the people's courts shall rule to suspend enforcement:
1) The applicant indicates that enforcement can 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 successor of rights and obligations has not yet been determined;
5) Other circumstances where the people's court finds that enforcement should be suspended.
After the suspension disappears, the execution resumes.
Article 233:In any of the following circumstances, the people's courts rule 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2) The legal documents on which enforcement is based have been revoked;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.
-
Anonymous users2024-02-06According to Article 203 of the Civil Procedure Law of the People's Republic of China, if the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
It can be seen that after the court executes and files the case, the court shall take enforcement measures within 6 months and complete the enforcement; If the court does not complete the enforcement within 6 months, the applicant for enforcement may apply to the court at the next higher level for enforcement.
-
Anonymous users2024-02-05Lawyer Sun of Zhejiang: You can apply for enforcement within 2 years after the judgment takes effect, and the enforcement period is generally 6 months.
-
Anonymous users2024-02-04Legal Analysis: The time limit for applying for enforcement is two years. According to article 239 of the Civil Procedure Law, the time limit for applying for enforcement is two years. When applying for the suspension of the statute of limitations or the interruption of the destruction of the bank, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.
Legal basis: Article 239 of the Civil Procedure Law of the People's Republic of China The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.
The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; If the legal instrument stipulates that the performance shall be performed in installments, it shall be calculated from the last day of the sedan car during the specified performance period; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.
-
Anonymous users2024-02-03The civil enforcement period is two years. According to Article 215 of the Civil Procedure Law of the People's Republic of China, the period for applying for enforcement is two years.
Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period of performance provided for in the legal documents; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.
-
Anonymous users2024-02-02The civil enforcement period is two years. According to Article 215 of China's "Civil Litigation Law", the period for applying for enforcement is two years.
To apply for the suspension or interruption of the statute of limitations, Sun Yu shall apply the provisions on the suspension and interruption of the statute of limitations. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where legal documents do not provide for a period of performance, it is calculated from the date on which the legal documents take effect.
-
Anonymous users2024-02-01The time limit for applying for enforcement is two years. Article 239 of the Civil Procedure Law stipulates that the period for applying for enforcement of the lead shall be two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.
The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where legal documents provide for performance in installments, follow the provisions; Calculated from the last day of each performance period; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect. According to Article 219 of the Court's Civil Litigation Law of the People's Republic of China, the time limit for applying for enforcement is one year if both parties or one of the parties are citizens, and six months if both parties are legal persons or other organizations, and an application for compulsory enforcement has been filed with the people's court, then the enforcement case is not affected by the statute of limitations, but can be enforced at any time as long as the person subject to enforcement has the ability to repay.
Definition of the object of proof in civil litigation: The object of proof, also known as the object of proof, refers to the fact that the subject of proof uses certain methods of proof to prove the essential facts determined by the substantive legal norms that are disputed between the parties. The object of proof in civil litigation refers to the facts of the case proved by the people's court and the litigation participants using evidence. >>>More
First, the people's court decides on a retrial case ex officio. Including: cases submitted by the presidents of all levels of people's court to the adjudication committee for discussion and decision on retrial; The Supreme People's Court decides to bring cases to trial or order a lower people's court to retry a judgment or ruling of a local people's court at any level that has already taken legal effect, or a higher people's court to a judgment or ruling of a lower people's court that has already taken legal effect. >>>More
"Litigation property preservation" refers to a system where, in civil litigation, the people's court adopts temporary compulsory measures against the relevant property disputed by the parties on the basis of the parties' application or the people's court's ex officio decision in order to ensure that future judgments can be realized. Fee standards for litigation preservation cases: 1. If the amount or value of the property to be preserved is less than 1,000 yuan, 30 yuan shall be paid for each case; 2. The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; 3. The part exceeding 100,000 yuan shall be paid; The fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan. >>>More
Your problem is not easy to solve. In recent years, the state has been vigorously rectifying the problem of difficulty in enforcement, and all cases that have been executed have been dealt with strictly. >>>More
1. To determine the competent court, it is necessary to go to the people's court at the place where the decedent is domiciled or where the main estate is located at the time of death; 2. Collect the death certificate of the decedent, the certificate of kinship between the plaintiff and the decedent, and the certificate of real estate; 3. Organize litigation materials such as complaints; 4. File a case with the competent court and pay the prosecution fee. If it is a defendant: After receiving the litigation materials of the plaintiff's lawsuit, it will first examine whether the court to which the lawsuit is filed has jurisdiction, whether it is necessary to raise a jurisdictional objection, and if it confirms that it has jurisdiction, it will submit a defense opinion against the plaintiff's claim and the facts and reasons on which it is based. >>>More