午夜福利波多野结衣人妻

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                              Your Position:Home > What's New

                              ?The new rules: these situations, can increase the shareholders directly for the person subjected to execution! (2016).

                              2016/11/18 17:12:41      Click:522

                              No. 21 [2016] of the law

                              The supreme peoples court

                              Several problems about the change in civil execution, additional party rules

                              (August 29, 2016, the supreme peoples court trial committee by the 1691th meeting, effective as of December 1, 2016)

                              To deal with changes in civil execution, additional problems, the parties to maintain the legitimate rights and interests of the parties and interested persons, according to the law of the Peoples Republic of China civil procedure law and other laws and regulations, combined with execution practice, these provisions are formulated.

                              First, in the implementation process, the right to inherit the execution applicant or its successors can apply to the peoples court for alteration, additional parties. The application conforms to the legal conditions, the peoples court shall be supported.

                              Article 2 as citizens of the execution applicant died or been declared dead, the citizens of the executor, legatee, successor or other for the citizens death or been declared dead in accordance with the effective legal documents to determine the right under the main body, applying for change and additional as for execution, the peoples court shall support.

                              As apply for execution of the citizen is declared to be missing, the citizens property in the custody of the person applying for change and additional as for execution, the peoples court shall support.

                              Article 3 the citizens as the execution applicant at the time of divorce, the rights of the effective legal documents to determine all or part of the integral to their spouses, the spouse applying for change and additional as for execution, the peoples court shall support.

                              Article 4 as apply for execution of the legal person or other organization is terminated, as the legal person or other organization terminated in accordance with the effective legal documents to determine the right under the main body, applying for change and additional as for execution, the peoples court shall support.

                              Article 5 as apply for execution of the legal person or other organization and termination due to the merger, the combined surviving legal person, other organization or a new application changes to the application execution, the peoples court shall support.

                              Article 6 as apply for execution of the legal person or other organization is divided, according to the division agreement effective legal instrument to determine the rights under the new managed to person or other organization, applying for change and additional as for execution, the peoples court shall support.

                              Article 7 as a legal person or other organization liquidation or bankruptcy applicant executor, the effective legal documents to determine the right assigned to a third person in accordance with the law, the third person applying for change and additional as for execution, the peoples court shall support.

                              Article 8 as applicant executor authority as a legal person is revoked, continue to perform the functions of subject applying for change and additional as for execution, the peoples court shall support, but the effective legal documents to determine the right should be in accordance with the law by other subjects except under; Did not continue to perform its functions of main body, and the effective legal documents to determine the right to inherit the subject is not clear, the main body of revocation decision to apply for change and increase the application execution, the peoples court shall support.

                              Application execution will determine the binding legal documents in article 9 of creditors rights and transferred to a third person in accordance with the law, the creditors rights prior approval in writing, and the third person, the third person applying for change and additional as for execution, the peoples court shall support.

                              Article 10 as the citizen subjected to execution dies or is declared dead, the execution applicant to apply for alteration, append the citizens the executor, the successor or legatee or other by the citizens death and was pronounced dead obtains the heritage of the main body of the person subjected to execution, responsibility within the scope of the heritage of the peoples court shall support. The successor who disclaims inheritance or legatee abandon bequest, nor the executor, the peoples court may direct execution heritage.

                              As citizens of the person subjected to execution is declared to be missing, apply to change the applicant executor citizens property in the custody of the person subjected to execution, in the custody of property, within the framework of the responsibility of the peoples court shall support.

                              Article 11 as the person subjected to execution of the legal person or other organization and termination due to the merger, the execution applicant to apply for change the merged surviving or new legal persons and other organizations for the person subjected to execution, the peoples court shall support.

                              Article 12 as the person subjected to execution, the legal person or other organization division of execution applicant to apply for alteration, additional formed after a new legal persons or other organizations for the person subjected to execution, jointly and severally liable for the debts of effective legal documents to determine, the peoples court shall support. But the person subjected to execution on the division and the execution applicant before liquidation except otherwise agreed by a written agreement.

                              Article 13 as a sole proprietorship enterprise of the person subjected to execution, is unable to repay the debts of the effective legal documents to determine, the execution applicant to apply for alteration, increase the investment for the person subjected to execution, the peoples court shall support. A sole proprietorship enterprise investors as the person subjected to execution, the peoples court may direct the implementation of the sole proprietorship enterprise property.

                              Individual and industrial and commercial door size for the person subjected to execution, the peoples court may directly execute the font size property of the operator.

                              Article 14 as the person subjected to execution of the partnership, is unable to repay the debts of the effective legal documents to determine, the execution applicant to apply for alteration, additional general partners for the person subjected to execution, the peoples court shall support.

                              As the person subjected to execution of the limited partnership property is not enough to pay off the debts of the effective legal documents to determine, execution applicant to apply for alteration, additional fail to make capital contributions in full limited partners for the person subjected to execution, in full specified amount, within the framework of the responsibility of capital contribution for the peoples court shall support.

                              Article 15 as the branches of the legal person of the person subjected to execution, is unable to repay the debts of the effective legal documents to determine, the execution applicant to apply for alteration, append the person subjected to execution, the peoples court shall support. Legal person direct management responsibility property is still unable to repay debts, the peoples court may directly perform other branches of the legal persons property.

                              As a legal person of the person subjected to execution, management directly determine the binding legal documents issued by the responsibility of the property is unable to repay debts, the peoples court may direct execution branches of the legal persons property.

                              Article 16 the sole individual proprietorship enterprises and partnership enterprises, other organizations from other branches of legal person as the person subjected to execution, is unable to repay the debts of the effective legal documents to determine, execution applicant to apply for alteration, supplementary liability for the debts of the other organizations in accordance with the main body of the person subjected to execution, the peoples court shall support.

                              Article 17 an enterprise as a legal person as the person subjected to execution, the property is not enough to pay off the debts of the effective legal documents to determine, execution applicant to apply for alteration, additional fails to pay or pay of full specified amount paid shareholders, investors, or jointly and severally liable to the capital contribution in accordance with company law of the person subjected to execution, launched in not within the scope of responsibility, in accordance with the capital contribution for the peoples court shall support.

                              Article 18 an enterprise as a legal person as the person subjected to execution, the property is not enough to pay off the debts of the effective legal documents to determine, execution applicant to apply for alteration, additional smoke escape capital contribution of shareholder, contributive person subjected to execution, responsibility within the scope of the flight of capital contribution, the peoples court shall support.

                              Article 19 as the person subjected to execution of the company, property is insufficient to pay off the debts of the effective legal documents to determine its shareholders did not fulfill its obligation to pay the transfer of equity, in accordance with the execution applicant to apply for alteration, add the original shareholders or jointly and severally liable to the capital contribution in accordance with company law the launch of the person subjected to execution, in does not bear the responsibility of capital contribution in accordance with the scope, the peoples court shall support.

                              Article 20 as a one-person limited liability company of the person subjected to execution, property is insufficient to pay off the debts of the effective legal documents to determine, shareholders cannot prove the company property independent of his own property, execution applicant to apply for alteration, add the shareholders as the person subjected to execution, jointly and severally liable to the companys debts, the peoples court shall support.

                              Article 21 in the company, the person subjected to execution, without clearing the deregistration formalities in the company unable to carry out the liquidation, the execution applicant to apply for alteration, additional limited liability companys shareholders, directors and controlling shareholders of a company limited by shares for the person subjected to execution, bear several and joint liability for the debts of the company, to the peoples court shall support.

                              Article 22 as a legal person or other organization of the person subjected to execution, have been cancelled or revoked the business license, has been revoked, is ordered to close down, go out of business after dissolution, its shareholders, investors, or accept the property free of charge, by the competent department of which the person subjected to execution is no legacy property or legacy assets are insufficient to pay off debt, execution applicant to apply for alteration, append the shareholders, investors, or the person subjected to execution, the competent departments in accepting responsibility within the scope of property, the peoples court shall support.

                              Article 23 as a legal person or other organization of the person subjected to execution, without liquidation or cancel its registration according to law, the registration authority for cancellation of registration, the third person written promise repayment liability for the debts of the person subjected to execution, the execution applicant to apply for alteration, add the third person to the person subjected to execution, within the scope of the commitment of liquidation responsibility, the peoples court shall support.

                              Article 24, during the implementation of the third person to perform court written commitments voluntarily generation of binding legal documents issued by the person subjected to execution to perform certain debts, execution applicant to apply for alteration, add the third person to the person subjected to execution, within the scope of the commitment to take responsibility, the peoples court shall support.

                              Article 25 as a legal person or other organization of the person subjected to execution, the command property in accordance with the administrative free transfers and transfer to a third person, the person subjected to execution property is insufficient to pay off the debts of the effective legal documents to determine the execution applicant to apply for alteration, add the third person to the person subjected to execution, in accepting responsibility within the scope of property, the peoples court shall support.

                              In article 26. The respondent shall bear the responsibility scope already bear corresponding responsibility, the peoples court shall order them to repeat responsibility.

                              Article 27 the execution partys name or the name is changed, the peoples court may directly to the name or subject as an executive party after the name changes, and indicate the change in the legal document before the name or title.

                              Article 28 the applicant to apply for alteration, additional execution parties, submit a written application shall be submitted to the court and the relevant evidence materials.

                              In addition to the fact that clear, clear the rights and obligations relations, controversial cases, execution court shall form a collegial panel to review and public hearings. Upon examination, the reason, ruled that change, increase; Reason not to, reject.

                              The execution court shall, within 60 days from the date of receiving the written application for ruling. In special circumstances need to extend by the director for approval.

                              Article 29 the executive court review changes, add the person subjected to execution during the application, the applicant to apply for to be the property of the applicant, the sealing up, distraining, freezing measures, the execution court shall refer to the provisions of article one hundred of the civil procedure law.

                              Prior to application for alteration, additional third party applicant executor, apply to the court for sealing up, distraining, freezing the property by a third person, the execution court shall refer to the provisions of article one hundred and one of the civil procedure law.

                              Article 30 executed by the applicant, the applicant or other parties to the change of the execution court, additional rules or rejected ruling disaffected, can on 10 days of since day introversion of level of peoples court for reconsideration, but according to the provisions of article 32 of this regulation shall be filed.

                              Article 31 the peoples court at the next higher level shall form a collegial panel to review on the application for reconsideration, and from the date of receiving the application, make a reconsideration decision within 60 days. In special circumstances need to extend by the director for approval.

                              Was found guilty of alteration, added by the applicant applies for reconsideration, during the period of reconsideration of the peoples court shall not to dispose the dispute within the scope of the property. The applicant requests the peoples court to continue and provide corresponding guaranty, the peoples court may allow.

                              Article 32 the applicant or the applicant for execution court pursuant to the provisions in the second paragraph of article 14, article 17 of the provisions of article 21 to make changes and additional rules or rejected ruling disaffected, can within 15 days from the date of introversion, to perform court execution objection proceeding.

                              By execution objection proceeding in the applicant to apply for the defendant. By execution objection proceeding in the applicant to apply for the defendant.

                              Article 33 the execution objection lawsuit brought by the applicant, the peoples court, according to the following conditions respectively:

                              (a) case, ruling may not change, additional changes by an applicant is a person subject to execution or limitation of liability;

                              (2) the reason not established, the ruling to reject the claims.

                              During the litigation, the peoples court shall not be within the scope of the respondent dispute on property for disciplinary action. The applicant requests the peoples court to continue and provide corresponding guaranty, the peoples court may allow.

                              Article 34 the execution objection lawsuit filed, the peoples court according to the following conditions respectively:

                              (a) reason to set up the verdict changes, additional by applicant is the person subjected to execution or decision change and bear corresponding responsibility scope;

                              (2) the reason not established, the ruling to reject the claims.

                              Article 35 these regulations shall take effect on December 1, 2016.

                              After the enforcement of these provisions, the judicial interpretation of our previously published are inconsistent with these provisions, these provisions shall prevail.

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                              午夜福利波多野结衣人妻