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If it is a non-monetary payment obligation, it should not be restricted from high consumption, but it should also be monitored in terms of consumption.
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Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement
Article 1: Where the person subject to enforcement fails to perform the payment obligations set forth in the effective legal documents within the period specified in the enforcement notice, the people's court may restrict their high spending.
Article 2: When people's courts decide to employ measures to restrict high spending, they shall consider factors such as whether the person subject to enforcement has acted negatively, evaded enforcement, or resisted enforcement, as well as the person subject to enforcement's ability to perform.
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But he doesn't need to be the person who doesn't belong to him, he has to bear a certain amount of money, and he has the right to bear it in business, and it doesn't belong to the high consumption limit.
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Only those who are on the list of old people. can be restricted from high consumption. Other persons subject to enforcement are not subject to this restriction when they perform non-monetary payment obligations.
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Since it is not a monetary payment, how can it limit his high consumption? I don't think this can limit his high spending, because his travel is not a monetary obligation.
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Everything should be done according to the rules, and it is also a hassle not to do things according to the rules.
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Of course, it is possible to set a limit on the consumption of the person on duty to fulfill the obligation of non-monetary payment. The maximum spending limit of the person on duty may be restricted.
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If the person subject to enforcement fulfills the obligation of non-monetary payment, he or she may apply for the lifting of the restriction on high consumption.
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The performance of non-monetary payment obligations by the person subject to enforcement can also restrict high consumption.
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The person subject to enforcement fulfills the non-monetary payment obligation, so it is not allowed to consume high first, because his behavior is not specifically designed to be money.
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Is there any restriction on the performance of non-monetary payment obligations by the person subject to enforcement? Expensive. Limit high spending.
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Legal Analysis: There is no enforcement period for the court's height restriction order, and the legal enforcement period of the height restriction order is to continue until the obligation is completed, and it will continue if the obligation is not fulfilled. The purpose of restricting high consumption is to prevent derogation of property.
However, buying or leasing high-end office buildings may also increase property, which is conducive to the enforcement of court judgments.
Legal basis: Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement
Article 1: Where the person subject to enforcement fails to perform the payment obligations set forth in the effective legal documents within the period specified in the enforcement notice, the people's courts may employ measures to restrict their consumption and restrict their high consumption and related consumption that is not necessary for life or business. The people's courts shall employ measures to restrict spending on persons subject to enforcement who are included in the list of judgment defaulters.
Article 2: When people's courts decide to employ measures to restrict consumption, they shall consider factors such as whether the person subject to enforcement has passively performed, evaded enforcement, or resisted enforcement, as well as the person subject to enforcement's ability to perform.
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Limit high consumption. Article 241 of the "Civil Procedure Law of the People's Republic of China" Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, he shall report on the current and the property situation of the year before the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to make a report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the person primarily responsible for the bridge attack or the directly responsible personnel of the relevant unit, based on the severity of the circumstances.
Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it. Article 243:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold or withdraw the portion of the income that the person subject to enforcement shall perform on Brother Minfu's obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained.
When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong. Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.
The people's court shall make a ruling when measures are taken to clear the funds in the front office.
Article 1 of the Supreme People's Court's Several Provisions on the Publication of Information on the List of Judgment Defaulters: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) Refusing to perform the obligations set forth in effective legal documents despite having the ability to perform; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
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What does it mean to limit high spending.
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1. Judgments, mediation documents, awards, arbitration documents, etc., that have already taken effect are the basis for compulsory enforcement by the people's courts, and the specific amount of enforcement is to be specified in the above-mentioned legal documents that have already taken effect.
2. In the course of enforcement, it is possible that some of them have been enforced or all of them may not have been enforced at all. In response to this situation, the people's court will include these persons subject to enforcement in the list of restricted high consumption, and at the same time announce the amount that has not yet been enforced. This amount is what you asked, restricting the amount of money that has not been executed by the person subject to execution for high consumption.
<>2. After entering the first page of the official website of the China Enforcement Information Disclosure Network, find the person subject to comprehensive inquiry and click to enter. >>>More
According to the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters, the so-called "judgment defaulters" refer to judgment debtors who "have the ability to perform but do not perform the obligations set forth in effective legal documents". Article 6 of the judicial interpretation stipulates that "credit punishments" shall be imposed on "judgment defaulters" in areas such as procurement, bidding and bidding, and administrative examination and approval. >>>More
List of Judgment Defaulters: refers to the provisions of Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" (adopted at the 1582nd meeting of the Adjudication Committee of the Supreme People's Court on July 1, 2013)."The person subject to enforcement has the ability to perform but does not perform the obligations set forth in the effective legal documents"In any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law. >>>More
Legal analysis: If the person subject to enforcement states that there is no property available for enforcement, then the people's court will investigate the property status of the person subject to enforcement, and the applicant can also provide clues about the property of the person subject to enforcement to the court. >>>More
It doesn't have much impact on the children. The debtor's children are not liable for the repayment of the debt. Our law does not provide for the repayment of father's debts to children. >>>More