Article 229 of the Civil Procedure Law

If the civil judgment is not pronounced in court, it will take effect when both parties sign for it (the last signature), and the court mainly has the following legal provisions when serving the judgment, and there are also clear provisions on the law on deliberately delaying the receipt of the judgment.

Code of Civil Procedure

Article 77: The service of litigation documents must have proof of service, and the person to be served is to indicate the date of receipt and sign or affix a seal on the receipt of service.

The date of receipt signed by the recipient on the receipt of service is the date of delivery.

Article 78: The service of litigation documents shall be directly delivered to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt. The date on which the recipient's adult family members residing with the recipient, the person responsible for receiving the documents of a legal person or other organization, the person in charge of the litigation or the person receiving the service on behalf of the person receiving the document is the date of service.

Article 79: Where the person to be served or his adult family members residing with him refuse to receive litigation documents, the person serving them shall invite a representative of the relevant basic-level organization or unit to appear, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or witnesses sign or affix a seal, and leave the litigation documents at the residence of the person to be served, it is to be viewed as service.

Article 80: Where there is difficulty in directly serving litigation documents, other people's courts may be retained to serve them on their behalf, or service may be mailed. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery.

Article 81: Where the recipient is a soldier, it is to be transferred through the political organ of the unit at or above the regimental level to which he belongs.

Article 82: Where the person to be served is imprisoned, it is to be transferred through the prison or re-education through labor unit where they are located.

If the recipient is re-educated through labor, it is to be transferred through the re-education through labor unit.

Article 83: After receiving the litigation documents, the organ or unit that transferred them on behalf of them must immediately hand them over to the person to whom they are served to sign for receipt, and the date of receipt on the receipt of service is the date of service.

Article 84: Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served.

Where the public notice is served, the reasons and process shall be noted in the case file.

The executive part of the Civil Procedure Law is as follows:

Article 229:Where the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling, or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.

Does the effective date of the judgment be calculated from the date on which the court serves the recipient? No. There should be a division of the first instance and the second instance, and the first-instance judgment shall not be appealed within 15 days after the judgment is served, and then it will take effect. The second-instance trial takes effect immediately after it is served.

Legal Analysis]: Article 229 of the Civil Procedure Law stipulates that if the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling and other legal documents of the state and the state, the interest on the debt for the period of delayed performance shall be doubled.

Article 294 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China further clarifies that doubling the payment of interest on debts during the period of delayed performance refers to the doubling of the interest on debts calculated at the highest interest rate of bank loans for the same period. This legislatively establishes the punitive nature of interest for delay in performance that is different from other interests, and objectively plays the role of urging the debtor to perform its adjudication obligations as soon as possible. However, in practice, when calculating interest on delayed performance, it is often confusing to determine the "maximum interest rate of the bank's loan for the same period".

Legal basis]: Article 229 of the Civil Procedure Law of the People's Republic of China: Where the person subject to enforcement or the property subject to enforcement is in a foreign place, the local people's court may be entrusted to enforce the law on his behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse.

After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the return of the execution. Where the entrusted people's court does not enforce within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.

Summary. Chapter 20 of the Civil Procedure Law of the People's Republic of China: Application and Transfer of Enforcement.

Article 239:

The period for the execution of the application 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; 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.

Detailed explanation of the provisions of Article 239 of the Civil Procedure Law.

Hello, I am the cooperating lawyer of the consultation, what legal questions can be answered here I have received your question, there are many people who are currently consulting, please wait for a while, I am helping you solve it.

Article 239 of Chapter 20 of the Civil Procedure Law of the People's Republic of China: Application and Transfer for Enforcement: 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; 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.

Hello, Article 212 of the Civil Procedure Law of the People's Republic of China and the People's Republic of China Article 212 The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's court.

If one party refuses to perform the hailstorm, the other party may apply to the people's court for enforcement.

Summary. Hello, Article 219 of the Civil Procedure Law of the People's Republic of China provides that if the People's Procuratorate decides to raise a protest against the judgment, ruling or mediation document of the People's Court, it shall draft a protest document. This article is excerpted from Article 219 of the Trial Supervision Procedures, Chapter 16 of Part II of the Civil Procedure Law of the People's Republic of China.

Hello, Article 210 of the Civil Procedure Law of the People's Republic of China Where the People's Procuratorate decides to raise a protest against the judgment, ruling, or mediation document of the people's court, it shall draft a protest document. This article is excerpted from the "Civil Procedure Law of the People's Republic of China, Part II, Trial Procedures, Chapter 16, Trial Supervision Procedures, Article 21, Cracked Prosecution, Article 19".

Legal Analysis: Procedures for Submitting an Application for Procuratorial Appeal: 1. The People's Procuratorate shall accept the appeal of the parties or other interested parties against the judgment, and the People's Procuratorate shall file the case with the right to protest or the right to submit a protest, and conduct a review of whether to raise a protest; 2. After review, the people's procuratorate shall make a decision in accordance with law to raise a prosecutorial counter-appeal, not to raise a procuratorial counter-appeal, or to submit a procuratorial suggestion to the people's court or relevant units; 3. Where the people's procuratorate raises a procuratorial counter-appeal against a civil judgment or ruling of the people's court that has already taken legal effect, it shall draft a written counter-appeal; 4. In cases where the people's procuratorate raises a prosecutorial counter-appeal, when the people's court retries it, it shall notify the people's procuratorate to appoint personnel to report the court for a deferred court.

Legal basis: Civil Procedure Elimination Law: Article 212 stipulates that if the people's procuratorate decides to raise a protest against a judgment, ruling, or mediation document of a people's court, it shall draft a protest document.

Warm reminder, during the epidemic prevention and control period, Kai: if you have symptoms, seek medical attention early. Take the initiative to do a good job of health monitoring, if there are fever, cough and other symptoms, call the nuclear family to the fever clinic for treatment in time, avoid taking public transportation on the way, take the initiative to inform the travel and residence history, contact Shi Sui's family, do not conceal or avoid, and follow the doctor's instructions for observation and investigation.

Summary. Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

Article 211 of the Civil Procedure Law states that in the course of enforcement, if the two parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, which shall be signed or sealed by both parties. Where one party fails to perform on the settlement agreement, the people's court may, on the basis of the application of the other party, resume enforcement of the original effective legal document.

Article 211:In cases where the People's Procuratorate raises a prosecutorial counter-appeal, the people's court accepting the counter-appeal shall make a ruling on retrial within 30 days of receiving the written counter-appeal; In any of the circumstances provided for in items 1 through 5 of article 200 of this Law, it may be transferred to the people's court at the level below for retrial, except where it is retried by the people's court at the level below.

The above is all the content of Article 211 of the Civil Procedure Law, if you don't understand anything about the article, you can also ask me, and I will be happy to help you answer.

There are two hundred and one more.

Okay right away for you to enquire.

Article 201:Where parties submit evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law, they may apply for a retrial of a mediation document that has already taken legal effect. Where upon review by the people's court it is found to be true, a retrial shall be made.

Article 111 of the Civil Procedure Law mainly states that the acts of litigation participants and others falsify or destroy important evidence, and prevent witnesses from testifying or giving false testimony by means of violence, threats, bribery, and promotion; Punishments for acts such as concealing, transferring, selling, or destroying property that has been sealed and seized are to be corrected.