The civil lawsuit is being executed and the parties settle. Is it that the previous contract has bee

You have a civil lawsuit that has been settled between the two parties in the process of enforcement, then the previous contract has ended, and you need to sign a new contract, and then both parties can sign the agreement.

This similar contract has been mentioned in the Civil Procedure Law before, and even if the contract is invalid, it can be taken out, and you say that it is not too late to sign the contract again after it is finished, anyway, there is the previous contract to testify.

Yes, because there is a lawsuit, the previous contract has been terminated, and the contract needs to be re-signed, and the previous contract cannot be used.

The civil lawsuit is being executed and the parties settle. Is it that the previous contract has been terminated and a new contract needs to be signed? If you are right, you need to sign a new contract.

Legally, this should be the case, since the previous contractual relationship has been resolved or dissolved by the courts.

This leg, you are a dispute, you are walking in this squirrel cute her one piece is not disgusted and the same as the summary? Whoever is is whom. I can't snatch it anymore. Hey! To whom.

In the execution of the lawsuit, the harmony between the two parties is that the previous contract has been terminated and the contract needs to be re-signed.

Civil lawsuits: You can settle between the two parties in the course of enforcement.

The situation you are talking about needs to be determined in the light of the current situation. Both parties agreed that if Li Ping's previous contract was to be executed. If you feel that there are many problems in the past, you can sign a new contract.

Very advanced issues, the two parties are combined, so that the contract needs a valid notary to sign the contract.

Legal analysis: The conclusion of a settlement agreement between the applicant for enforcement and the person subject to enforcement will not lead to the automatic termination of the enforcement procedure. However, the applicant for enforcement may apply to the people's court to withdraw the enforcement, so that the people's court will make a ruling to terminate the enforcement.

Legal basis: Article 50 of the Arbitration Law of the People's Republic of China If the parties reach a settlement agreement and withdraw the arbitration application, they may apply for arbitration leniency in accordance with the arbitration agreement.

2. If the content of the settlement agreement is to exempt part of the obligor's obligations, or to change the time or method of performing the obligations, the court shall rule to suspend the enforcement.

3. If the parties have fully fulfilled the settlement agreement, the people's court shall make a ruling to terminate the enforcement.

Legal basis: Article 195 of the Civil Code of the People's Republic of China In any of the following circumstances, the statute of limitations is interrupted, and the statute of limitations period is recalculated from the time of the interruption or the conclusion of the relevant procedures:

1) The obligee submits a request for performance to the obligor;

2) The obligor agrees to perform the obligation;

3) The right holder initiates a lawsuit or applies for arbitration;

4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.

After the enforcement of the settlement, the court will not terminate the enforcement and may rule to suspend the enforcement.

Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of Settlements

Article 2: In any of the following circumstances after a settlement agreement is reached, the people's court may rule to suspend enforcement:

1) All parties jointly submit a written settlement agreement to the people's court;

2) One party submits a written settlement agreement to the people's court, and the other parties accept it;

3) The parties reach an oral settlement agreement, and the enforcement personnel record the content of the settlement agreement in the record, which is to be signed or sealed by all parties.

1. What is the difference between suspension of enforcement and termination of enforcement?

2. The result is different: the suspension can be applied for enforcement again, and it is not limited by the time limit for applying for enforcement. Termination is when the car stops executing the program and does not resume later.

3. Different conditions: Suspension means that in the course of enforcement, due to special circumstances, the people's court needs to temporarily suspend the enforcement procedure. Termination is when the implementation cannot be continued or is not necessary due to certain special circumstances in the course of implementation.

II. What are the circumstances under which the enforcement of a civil case is concluded?

1) The applicant withdraws the application;

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

3) A citizen who is the person subject to enforcement has died, 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.

3. What are the circumstances under which enforcement is suspended?

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.

1. You can only apply to the court for resumption of enforcement, and you cannot file a separate lawsuit.

2. Enforcement settlement refers to an activity in which the applicant and the respondent reach a settlement agreement through voluntary negotiation and end the enforcement procedure during the court's enforcement process. The content of the enforcement settlement is generally that the applicant voluntarily waives part of its rights, or the respondent satisfies the applicant's requirements, or both parties make some concessions. Although the settlement is a matter for both parties, it must also comply with the provisions of the law, and the court enforcement judge shall record the content of the settlement agreement in the record, which shall be signed and confirmed by both parties.

3. Article 230 of the Civil Procedure Law stipulates 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 the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.

4. Article 466 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that: Where the applicant for enforcement and the person subject to enforcement reach a settlement agreement and request to suspend or withdraw the application for enforcement, the people's court may rule to suspend or terminate enforcement.

5. Article 467 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that: If one party fails to perform or does not fully perform the settlement agreement voluntarily reached by both parties in the course of enforcement, and the other party applies for enforcement of the original effective legal document, the people's court shall resume enforcement, but the part of the settlement agreement that has already been performed shall be deducted. Where the performance of the settlement agreement has already been completed, the people's court is not to resume enforcement.

6. Article 468 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates that the provisions of Article 239 of the Civil Procedure Law on the period for applying for enforcement shall apply to applications for resumption of enforcement of original effective legal documents. If the period for applying for enforcement is interrupted due to the conclusion of a settlement agreement in enforcement, the period shall be recalculated from the last day of the performance period agreed in the settlement agreement.

A: If the settlement agreement is reached under the auspices of the court and the court issues a mediation document, the mediation agreement will have the same legal effect as the judgment after it takes effect, and the mediation agreement can be applied for enforcement. If the settlement is reached in another structure, it is not enforceable and can be sued separately.

Basis: Article 97 of the Civil Procedure Law stipulates that "when an agreement is reached through mediation, the people's court shall prepare a mediation document." The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results.

The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties.

The mediation statement shall have legal effect after it is signed and received by both parties. ”

Article 32 of the People's Mediation Law stipulates that "after the mediation agreement is reached through mediation by the people's mediation committee, if a dispute arises between the parties regarding the performance of the mediation agreement or the content of the mediation agreement, one of the parties may file a lawsuit in the people's court." ”

Article 9 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of Settlement: If the person subject to enforcement fails to perform the enforcement settlement agreement, the person applying for enforcement may apply for resumption of enforcement of the original effective legal documents, and may also file a lawsuit with the enforcement court for the performance of the enforcement settlement agreement.

If you don't understand, don't mislead others, and "you can only apply to the court for resumption of enforcement, and you can't sue separately", hehe.

When the parties reach an enforcement settlement, the enforcer shall record the content of the agreement in the record, which shall be signed or sealed by both parties. If the parties do not perform the settlement agreement, the People's Court may, on the basis of the parties' application, resume the enforcement of the original effective legal documents.

Article 237 of the Civil Procedure Law of the People's Republic of China: Where during enforcement, the parties reach an agreement through reconciliation on their own, the enforcer shall record the content of the agreement in the record, and both parties shall sign or affix their seals. Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties do not perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.

Summary. Hello, I understand that you are anxious about this matter now, and I will give you a detailed answer right away Reach a settlement to end the execution, and the execution can be resumed without signing a settlement agreement. In the absence of a settlement agreement, enforcement can still be resumed.

The parties may voluntarily apply for resumption of enforcement, or may apply to the court for compulsory enforcement in accordance with law.

If a settlement is reached to terminate the enforcement, but no settlement agreement is signed, can the enforcement be resumed?

Hello, I understand that you are anxious about this matter now, and I will give you a detailed answer right away Reach a settlement to end the execution, and the execution can be resumed without signing a settlement agreement. In the absence of a settlement agreement, enforcement can still be resumed. The parties may voluntarily apply for resumption of enforcement, or they may apply to the court for enforcement of the strong lead system in accordance with the law.

When applying for resumption of enforcement, the parties should provide relevant evidence to the court to explain the basis and reasons for the need for enforcement in the case of Lu Shen, who has not been instructed to sign a settlement agreement. After the court reviews and makes a determination, Zao Jianjing may make a decision to resume enforcement.