Do I need to issue a certificate of validity to apply for enforcement?

Updated on society 2024-07-09
7 answers
  1. Anonymous users2024-02-12

    An effective certificate is required to apply for enforcement. In fact, the so-called proof of validity sometimes refers to the court's letter of transfer for execution. As long as the judge who hears the case is found after the judgment takes effect, the judge fills out a letter of transfer for enforcement, and after the president signs it, he can pay the enforcement fee in advance, and the application for enforcement is completed.

    Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.

    The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

    According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

    Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

    Legal basis. Civil Procedure Law of the People's Republic of China》 Article 242: If the person subject to enforcement fails to perform the obligations set forth in the legal document 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. 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.

  2. Anonymous users2024-02-11

    The basis for applying for enforcement must be a legal instrument that has entered into force, so a certificate of effectiveness must be issued. At present, in some courts, the parties request the civil court to issue a certificate of validity, and the presiding judge of the civil court directly operates in the management system, indicating that the judgment is effective, and the executive board receives it in the system, and the parties do not need to take the paper certificate to the executive board.

  3. Anonymous users2024-02-10

    A post-entry judgment is required.

  4. Anonymous users2024-02-09

    Legal analysis: According to the provisions of Liang Lead in China's Civil Code, the facts of the application for enforcement should be filled in by the court.

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

    Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

    Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

    1) Major foreign-related cases;

    2) Cases that have a major impact on the Lunling Tomb in their jurisdiction;

    3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

    Article 119:Prosecution must meet the following requirements:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

    2) There is a clear defendant;

    3) There are specific litigation claims, facts, and reasons;

    4) It is within the scope of civil litigation accepted by the People's Court and the jurisdiction of the people's court receiving the lawsuit.

  5. Anonymous users2024-02-08

    1. The people's court shall, in accordance with legal procedures, use the coercive power of the state, and clarify the specific enforcement content according to the legally effective documents, to compel the civil obligor to complete the obligations it undertakes, so as to ensure that the rights of the right holder can be realized. 2. Legally effective documents include, but are not limited to, the following: civil judgments, rulings on the realization of security interests, rulings on mediation agreements for the confirmation of takes, sales, and payment orders.

    As soon as they enter into force, the obligor shall perform automatically. 3. If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement. The person who makes the application is called the applicant, and the person who is named to perform the obligation is called the person subject to enforcement.

    4. Article 462 of the Civil Procedure Law provides that legally effective rulings on the realization of security interests, rulings on confirmation of mediation agreements, and payment orders shall be enforced by the people's court that made the ruling or payment order or the people's court at the same level where the property subject to enforcement is located. In the case of a judgment that the property is ownerless, the people's court that made the judgment shall return the ownerless property to the state or collective.

  6. Anonymous users2024-02-07

    1. Application for execution. The application for enforcement shall clearly state the reasons and matters for applying for enforcement, the subject matter of enforcement (if there is interest, the specific amount of interest shall be calculated until the date of application), and the property status of the person subject to enforcement as understood by the applicant. and stamped or signed.

    Where parties to foreign-related cases apply for enforcement, they shall submit an application for enforcement with a Chinese translation. If the person applying for enforcement has real difficulties in writing a written application for enforcement, he may submit an application orally. The reception personnel of the people's court shall make a record of the oral application, and the person applying for enforcement shall sign or affix a seal.

    2. Original effective legal documents.

    3. The identity certificate of the executor. Where an individual citizen applies, a copy of the resident ID card shall be submitted; Where a legal person applies, a copy of the legal person's business license and the identity certificate of the legal representative shall be submitted; Where other organizations apply, a copy of the business license and proof of identity of the principal responsible person shall be submitted.

    4. If the heir or the successor of the right applies for enforcement, the certificate of inheritance or inheritance of the right shall be submitted.

    5. To apply for enforcement of an arbitral award of an arbitration institution, a contract or arbitration agreement with an arbitration clause shall be submitted to the people's court. Where an application is made for the enforcement of an arbitral award of a foreign arbitration institution, a Chinese version of the arbitral award certified by a Chinese embassy or consulate abroad or notarized by a notary public in China shall be submitted.

    6. If the applicant cannot apply for enforcement in person to the court, and needs to entrust a person to apply for enforcement on his behalf, he should quietly change the power of attorney. Where a person is entrusted to waive or modify civil rights on his behalf, or to carry out enforcement and settlement on his behalf, or to collect enforcement payments on his behalf, there shall be special authorization from the client. If the applicant is a foreign party, the power of attorney must be notarized by the notary public of the country where it is located and authenticated by the Chinese embassy or consulate in that country before it can be valid.

    If the applicant is a Hong Kong party, the power of attorney must be notarized by a lawyer designated by the Ministry of Justice of China, and forwarded by China Legal Service Hong Kong ****. If the applicant is a party in Taiwan, its validity can be recognized after being certified by a notary public in Taiwan.

    7. Proof of the effectiveness of legal documents. If it is a judgment, mediation or ruling of this court, it shall be signed by the magistrate or clerk to prove that it has taken effect. In the case of administrative penalty decisions, administrative disposition decisions, arbitral awards, etc., materials proving the date of service shall be submitted.

    8. Fill in the application execution form.

    9. Provide a list of the property of the person subject to enforcement that can be used for enforcement.

  7. Anonymous users2024-02-06

    Summary. A certificate of entry into force of a legal document is a legal document, usually issued by a court. This certificate is used to prove that a legal instrument has entered into force and can be used as proof of relevant rights and obligations. However, it does not mean that your case has been accepted.

    Hello dear, you can apply for enforcement within 15 days after getting the certificate of effectiveness of the legal document. After obtaining the proof of the effectiveness of the legal documents, the court can immediately apply to the court for compulsory enforcement. However, the specific time should also be determined according to the type of Yutong type of the effective certificate and the legal provisions.

    Under normal circumstances, after a legal document takes effect, it is necessary to apply for a certificate of effectiveness within a certain period of time. The proof of effectiveness is a certification document issued by the court, which proves that the legal document has taken effect in a big uproar. After obtaining the certificate of He Fengsheng's rolling shooting, he can apply to the court for compulsory enforcement. <>

    Hello dear, the different types of proof of validity take the same amount of time. For example, judgments and rulings need to apply for a certificate of effectiveness within 10 days after they take effect, and a mediation document needs to apply for a certificate of effectiveness within 3 days after the mediation takes effect. Therefore, it is necessary to pay attention to the specific provisions of different effective certificates when applying for a certificate of validity or a certificate.

    Make wide <>

    I went to the court today and showed me a certificate of validity of the legal documents, and I wanted to ask, does this mean that my case has been accepted?

    A certificate of entry into force is a legal document, usually issued by a court. This certificate is used to prove that a legal instrument has entered into force and can be used as proof of relevant rights and obligations. But it doesn't mean that your case has been accepted.

    Then what should I do next, the court told me to go home and wait, whether to wait for the acceptance or wait for the person to be notified of the execution, and then you will be notified of the acceptance.

    How long will this time be, after acceptance, there will be a date to notify the person subject to execution, right, do I use **.

    Generally, it will not be too long, there is no fixed time, it will be about 10-15 days.

    If you don't need to do it again, it will be executed directly.

    What does this enforcement refer to, and will a notice be issued to the person subject to enforcement? Will there be a final obligation to repay the money on the notice?

    Yes, it is your request, and it will be informed.

    How long will this process take, will it take three days or two days to accept the case and then execute it immediately, there is no fixed time for this, you can just wait for the court to notify you.

    I would like to know how long it will take for the case to be executed and the notice to be issued to the person subject to enforcement, even if the case is accepted.

    Within 15 days.

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