Gao Mou of person be executived opens fowl-run, do not have besides the chicken that lay other and alterable showing worth, was to sell chicken, still leave chicken to lay repay a debt? Recently, classics of court of people of division of the Western Xia regime of city of Yinchuan of Ningxia Hui Autonomous Region is various and harmonious, use " leave chicken to lay " , reach the kind of a debt with the egg, clever hold written guarantee one case case of business contract dispute, saw a pressing need that applies for executive person, also guaranteed person be executived legitimate rights and interests is the largest change.
Original, the application of this case carries out the farmer inside area under administration of area of factitious the Western Xia regime, with person be executived Gao Mou signed corn business contract, hind because be carried out,person Gao Mou did not fulfil obligation, the applicant applies for to be carried out compulsively to the court, experience record amount 31500 yuan. In carrying out, court of district of the Western Xia regime carries out bureau discovery, person be executived breeds an enterprise for place, can offer without other property besides the workshop of this enterprise and chicken of more than 10000 eggs carry out. Face this situation, application carries out a person to ask the court is carried out compulsively, evaluate the egg chicken of person be executived lawfully, utter a word of person be executived says last year all the time deficit, manage now just improvement, if be carried out compulsively sold egg chicken to be able to cause huge pecuniary loss to oneself, even the enterprise can close down because of this.
One party asks to sell chicken repay a debt, one party says that he cannot sell, sold fowl-run to close down. Sell or do not sell? Bilateral contradiction with each passing day become acute, it is difficult that the judge also makes a bit. Executive bureau of court of district of the Western Xia regime holds seminar to meet in the light of this case, to accelerate a case hold knot, party of farther alleviation both sides is contradictory, set out from the actual condition of party, put forward finally to bilateral party " leave chicken to lay, carry debt on the head with the egg " executive plan. Bilateral party has said consistently to this executive plan. 1/3 what plan lets farm of person be executived offer manufacturing egg gross everyday namely, smooth even season 300 dishes of eggs (in order to folds the payment for goods that touchs 4500 yuan everyday) give processing of applicant proper motion, till pay off application,carry out a person to be owed entirely. Such, ensured the applicant's rights and interests already, also urge person be executived affecting the premise that manages normally to fall to fulfil legal obligation actively. Implement plan to this, bilateral party has said consistently.
Subsequently, executive bureau of court of district of the Western Xia regime is right whole execute the law process whole journey undertakes supervisory. This case is carried out smoothly through time of 7 days end.
