Ever encountered a such troubles, a friend makes a telephone call hurriedly inquiry " I am in now Hainan, want to attend a meeting to Beijing immediately, but my the accused knows to also cannot not buy plane ticket, Gao Tie ticket, how do this return a responsibility after all? " after the event is found out, the company that is a friend so is procrastinating to was not fulfilled all the time to a become effective court decisions, brought about him what serve as a legal representative to be brought into break one's promise executive person list, because this is restricted,buy tall iron ticket and plane ticket.
In the life, classics regular meeting encounters party idle at fulfill or the juridical copy clerk of repudiate court, bring about bear adverse consequence. Lawyer of friendly today constant is brief comb for you, if the court makes juridical copy clerk later, your idle at fulfill or the adverse consequence that repudiate will bear.
According to legal provision, court of people of share of the worth in the civil judgment that produces legal effectiveness, ruling can be carried out compulsively. Here, you need to understand the time of judgment or ruling book become effective above all. According to " code of civil law of People's Republic of China " reach 175 regulations the 164th times, the sun of service of first instance judgment rises 15 days to be a:appellant period, did not appeal during this, after 15 days pass with respect to become effective, can apply for a court to be carried out compulsively. First instance rules the sun of service rises 10 days to be a:appellant period, did not appeal during this, after 10 days pass with respect to become effective. 2 careful judgment and ruling book are made namely become effective.
To the juridical copy clerk of become effective, have the party that fulfils obligation to want to take seriously particularly. Be like protracted or writ of judicatory of refus nonperformance become effective, according to " code of civil law of People's Republic of China " relevant provision, people court has authority ground different situation distrain, freeze, transfer, appraise at the current rate your belongings, authority closes down, sequestered, freeze, the auction, belongings that sells off you to ought to perform compulsory part, ask you pay doubly to walk on the debt interest between date of departure tardily, pay to perform gold tardily, still can be adopted to you or inform concerned unit assistance adopts restriction you leave the country, the other measure that announces information of your nonperformance obligation and legal provision in record of the system that sign a letter, media. More serious person may form refus not to carry out blame of court decision, ruling, will assume criminal responsibility.
In addition, according to " a certain number of regulations that top people court reachs concerned consumption about restricting high spending of person be executived " the 3rd regulation, what copy clerk of become effective law decides is fulfill to give Fu Yi Wu during person be executived did not press what executive advice note appoints, people court can adopt limitation to consume measure to restrict its high spending and blame live or manage required concerned spending. Person be executived is a natural person, after the limitation that be adopted consumes measure, carry out a few high spending and blame live and do not work to consume behavior indispensibly. If take head of word of plane, soft sleeper, G motor-car and participate in index of small passenger car to shake date. Person be executived is an unit, after the limitation that be adopted consumes measure, the action that the money before person of the direct responsibility personnel that debt of person be executived and its legal representative, main controller, influence fulfills, effective control must not be carried out sets. Why is the friend that this alludes before article namely informed cannot buy reason of plane ticket, tall iron ticket.
In fact, the idle after become effective of juridical copy clerk at fulfill or refus nonperformance, create the right to you numerous restriction. If you are right the juridical copy clerk that the court makes is consentient, fulfill in time inside capacity limits without fail. If you disagree, can proper motion or put forward to carry out demur to the court through entrusting a lawyer, the right that avoids you is damaged. Anyhow, the juridical copy clerk that makes to the court is sure to want to take seriously, avoid by all means is neglectful generation is adverse and sequential.
