Owe money to be not returned, close down " Laolai " other property still can't pay a debt in kind or by labour, is this hopeless?
Actually, a few Laolai takes those who embrace value not to poor " fictitious belongings " , change them now, become can offer executive property, also be to defeat solution to carry out a hard way.
Recently, executive bureau of area of beautiful mountain of Taiyuan city apricot is begun in development " reform innovation, strenuous promising " in discussing greatly, extend executive job train of thought actively, innovation implements a method, try pair of people be executived " fictitious belongings " adopt implement measure compulsively, closed down be carried out two of under one's name of person Lin Mou " mobile phone beautiful date " , this is court of apricot beautiful mountain first in order to close down " fictitious belongings " means defeats solution to carry out difficult new move.
Innovation is carried out
Reviewing of details of a case
This year in Feburary, court of apricot beautiful mountain is in in accepting loan contract dispute one case to carry out a case, after the information such as the bank deposit that carries Lin Mou of pair of person be executived, house property, land, negotiable securities, car has detailed inquiry, discover its belongings can't pay a debt in kind or by labour. Carry out legitimate rights and interests of the person to maintain application better, case undertaker Judge Teng Jie arrives in the in communicating understanding with party, two when the mobile phone number that Lin Mou of person be executived uses is shift and telecommunication respectively 4 join number, namely people common says " bomb date " , have higher value.
Executive bureau thinks after classics research, although the mobile phone number that place of person be executived uses is " fictitious belongings " , but existence changes show a possibility and value does not poor, can realize partial rights and interests of the applicant, decide to be opposite then afore-mentioned two " bomb date " use gives close down. Subsequently, executive judge heads for mobile phone number to put in this world of apanage Hunan beneficial 's charge, to planning to close down through operation business number has detailed inquiry, after the information such as limitation of the householder that made clear two number, formula, change the name of owner in a register, be opposite two of under one's name of Lin Mou of person be executived respectively " mobile phone beautiful date " undertake closing down. After closing down, fulfil legal obligation like or else of person be executived, will be opposite lawfully be closed down " mobile phone beautiful date " use undertakes assessment auctioning.
" civil code general principles " the 127th regulation: "The protection of fictitious to data, network belongings has law of the regulation, its set according to. Its set according to..
As the development of Internet times, the network such as Q money, play money is fictitious belongings is accepted by more and more people and use. Civil code general principles the boy or girl friend that the network fictitious belongings protects as law, affirmed fictitious belongings is in the network the value in reality. In the meantime, to solve it is difficult to carry out brought opportunity, it broke a court to close down only commonly the tradition of the tangible worth such as house property, car. Shanxi court should liberate a thought further, ceaseless development considers to implement working method with innovation, increase executive strength further, the maintenance of utmost party closes right increase, it is difficult to defeat solution effectively to carry out.
