There always is a friend to say before, break his promise to be carried out it is incorrect that person makes Laolai.
Let the whole nation surname the friend that go back on one's word, affection why can?
Had transferred property when debtor, how can under one's name do for carrying out without belongings?
We can apply for to label its break our promise to be carried out person.
Break his promise to be carried out what the person tells in our life namely " blacklist " . Laolai enters blacklist, what profit to have to creditor?
" code of civil law " implement measure compulsively mediumly
Be labelled to break his promise to be carried out when Laolai after the person, meeting by:
1, the deposit that executes person be executived by application compulsively;
2, the income that executes person be executived by application compulsively;
3, the belongings such as the share that executes person be executived by application compulsively;
4, the movables such as the car that executes person be executived compulsively;
5, the belongings such as the receivable Zhang money that executes person be executived compulsively;
6, the land that executes person be executived by application compulsively, house property praedial;
7, be returned compulsively to return specific property by application executive person;
8, the debt interest during paying doubly to be fulfilled tardily and pay to perform gold tardily;
9, amerce, detain wait for coercive measures;
10, limitative discrepancy condition.
Carry out compulsively of special award
1, carry out exclusive housing
Basis " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 20th regulation, accord with a condition, exclusive housing still can be carried out, and in solid Wu, had appeared to carry out the case of exclusive housing in great quantities, be sure the meeting is increasing later.
2, carry out income of wage of person be executived
2002 " lab of top people court about executing an order in whether buckle delimit retire from retiree golden pension pay off the answer of its debt problem " , in what leave retiree other can offer executive property or income inadequacy repays below the circumstance of its debt, people court can ask its leave emeritus golden hair to put an unit or assistance of social security orgnaization is buckled delimit its retire gold or pension, in order to repays this debt that leaves retiree.
3, carry out annuities of person be executived
On June 24, 2014, top people court " about whether assistance of orgnaization of requirement social security is frozen, buckle delimit the reply of the pension issue of person be executived " (2014) hold his word the 22nd, affirm social security orgnaization serves as golden hair of provide for the aged to put an orgnaization clearly, courtyard of civil code of accountability assistance person is frozen, buckle delimit annuities of due of person be executived.
4, executive spouse belongings
Basis " top people court about applicable < marriage law of People's Republic of China > the explanation of a certain number of problems (2) " the 24th regulation, during creditor puts add with respect to marital relation one party of husband and wife is in debt with individual name place Wu holds the right, ought to press husband and wife joint liability processing.
This provision is specific, creditor is in debt with individual name place to one party of husband and wife Wu holds the right, "Ought to " by husband and wife joint liability is handled. Visible, in property of debt of husband and wife illative go up, marriage law judicatory explains (2) clear and illative for joint liability.
Unless have contrary evidence,the proof is not joint liability, or belongings agreement is respective and all. In solid Wu, many courts are the belongings that has begun direct executive spouse of joint liability to can be being maintained in solid Wu, for instance Zhejiang court, also partial court does not grant to carry out, believe to be in in the future judicatory solid Wu nevertheless the meeting is clearer and clearer, many act that use false divorce to transfer belongings to dodge the creditor can get the blow of greater strength.
5, belongings of unidentified a huge sum carries out minor children antecedents compulsively
belongings move expires filial under one's name also is to often go back on his word to escape idiomatically debt gimmick, at present the court has appeared relevant case, execute person be executived compulsively minor children antecedents is unidentified belongings of a huge sum, also will get be admissived generally later.
6, auction order of engine of hand be executived compulsively
Case one: City of Shandong province Linyi faces Shu court to discover in carrying out a process compulsively under one's name of person be executived has number of 1***999999 mobile phone, every months of lowest consumes 1200 yuan, undertake quickly close down and be assessmented to its, auction a network in judicatory of the net that clean out treasure vendue undertakes on platform, on March 11, 2017 in the morning 5 when clinch a deal smoothly 22 minutes with one hundred and ninety-three thousand eight hundred yuan.
Case 2: Court of county of Jiao Zunbo love is carrying out his (2016) pleaseds 0822 civilian first in process of 139 civil judgment, because of be being carried out person Dou Mou misses, and check without can offer executive property, bring about a case to cannot be carried out. In carrying out a process ever since, humanitarian county court carries out a policemen to find out number of under one's name of person be executived to block a piece for 15xxxx88888 mobile phone, immediately closes down lawfully person be executived date of afore-mentioned mobile phone of under one's name. The course is evaluated, value of mark of this mobile phone 60 thousand yuan. On August 25, 2017, number of this mobile phone is auctioned in judicatory of the net that clean out treasure, clinch a deal with 200 thousand yuan maximum price.
Believe to strength is hit to be able to be increased ceaselessly to what often go back on his word after the court, ensure the legitimate rights and interests of creditor really.
Also hope the court can give us numerous people information, restore the belief to law, to the expectation of effectiveness of national administration of justice.
