Longyan court is released " carry out cannot " typical case_News

"Carry out cannot "

"Carry out cannot " it is to show the executive process in the case is medium, go up objectively to be able to be offerred without belongings really as a result of person be executived carry out, via carrying out the case that forensic limit method still cannot carry out.

Recently, longyan court was released 3 cases

"Carry out cannot " typical case,

With small make up look together!

Dispute of contract of some as such-and-such as witch loan carries out Jiang Mou one case

Application carries out person river the series such as dispute of such-and-such loan contract carries out some and witch of some person be executived case 11, the court that connect a city inquired the branch such as canal of finance, room, car canal lawfully. Discover witch of person be executived is such-and-such and exclusive the commercial building house property that is located in cropland of aunt of the county that connect a city to press down new market because to mail store bank loan did not repay inside legal time limit already judicatory auction. Auction money deducts hypothec person mail store be carried out what the preferential amount sufferring countervail of the bank and previous put on record accept the executive case money with factitious such-and-such witch and from Feburary 1, 2018 be carried out since put on record factitious Wu Mou, add up to surplus money 33214.8 yuan, according to cent recipe case and application executive person signs agree, return the rest to carry out money 33214.8 yuan already carried out a person to get by the application of 11 cases entirely. The belongings below the line on line of classics court limit investigates measure, person be executived is not had can offer executive property, application executive person also did not offer person be executived to have other can offer the belongings that carry out or belongings clue, application carries out a person to agree terminative executive program.

Carry out cannot the case can appear every year, to this kind of case, once processing is undeserved, the negative sentiment become acute that can accumulate the applicant, go against executive job thereby begin. To carrying out cannot case, to be being carried out the person adopts even town court of justice restriction high spending, join break his promise to be carried out the measure of person list, the belongings such as the bank account that concentrates pair of people be executived regularly, house property, car undertakes inquiring, discovery has property, restore to handle instantly. In the meantime, the court that connect a city is in when taking action to settle this kinds of case actively, executive judge and applicant communicate an explanation in time, strive for the understanding that the applicant works to carrying out, dissolve negative sentiment, accomplish communicate, the action two-way as.

Application executes a person some insurance limited company and Huang Mou of person be executived China issue of the authority that chase after countervail one case

On January 31, 2015, huang Mou China drives to collide without card card motor tricycle without card Hu Mou grows the pedestrian of across driveway, cause Hu Mou to grow get hurt to disable via hospital rescue the traffic accident that death, car damages happens. Traffic of public security bureau of long lowing county manages a group to maintain: Huang Mou China bears the main responsibility of the accident. After accident happening, the dead's Hu Mou's senior family member court of people of Xiang Changting county mentions criminal is accessary and civil lawsuit. After removing incident to happen originally, long low some insurance company is joining Hu Mou of one-time compensation dead's senior inside strong danger limitation family member each loss is total 119500 yuan, this insurance company sues Huang Mou China after, to its the insurance premium that chase after countervail uses defray 119500 yuan. The court is tried lawfully, adjudicate Huang Mou China repays this insurance company is sure each expense 119500 yuan. But the obligation that Huang Mou China did not fulfil judgment place to set, satisfy this insurance company to applied for to carry out to the court on March 14, 2018.

The court carries out limited company of this property insurance and Huang Mou of person be executived in executive application China in one case, was opposite on March 19, 2018 the bank account of Huang Mou China, car, industrial and commercial register etc undertake inquiring, did not discover account of person be executived has can wait for belongings for the deposit that carry out, the court is already right all bank account take person be executived freeze measure; To be being carried out on March 27 the person fizzles out some China praedial information undertakes inquiring, did not discover person be executived has can offer the house property that carry out; Be carried out at was being headed for on May 30 village of person abode ground appoint can undertake investigating, narrate according to place of secretary of this village branch, person be executived does not have working ability, income source leans only 5 keep a subsidy, economic difficulty, and Huang Mou China is aged body declines, suffer from serious bronchitic reach asthma, without wife, reside the adobe room that prepares for its in the government alone now.

This case belongs to typical executive incapable case, situation of family be executived is difficult, measure of forensic limit law does not check person be executived to have can offer the property that carry out, according to " code of civil law of People's Republic of China " a stupid person seventeen the 5th, because the citizen that serves as person be executived is badly off insolvent loan, without income source, lose labor ability again, OK and terminative carry out.

Jade of Wu Mou of application executive person, Fu Mou, Lian Mou valuable connect with person be executived issue of life life power waits to carry out south some cannot case

On January 3, 2016 17 when make 15 minutes, even some kitchen (be hired by Lian Mou south) drive Fujian F/ET*** date is light-duty dump truck from show of big curved edge Qi head village leads to big curved shortcut to go to directional travel is lain between after village of beautiful Qi head, one car carries on railroad car " burn match " , in by way of " but autumn " when a section of a highway, outside because the operation is undeserved,extending car deflection way, pressure collapse to side happens to break up after loose roadbed and break up fall in downhill slope, cause Lian Mou kitchen to get hurt. Be being sent even some kitchen toward the death in the road of hospital rescue. On January 15, 2016, zhang makes the same score group of pointsman of city public security bureau to make traffic accident hold a book, negative accident of kitchen of cognizance Lian Mou is all responsibility.

On July 18, 2016, zhang makes the same score city people court to make civil report, court decision: One, center of Longyan of Inc. of Chinese some insurance raises company Zhang to make the same score sale to serve a ministry to answer on board personnel responsibility danger (driver) the compensation inside maximum indemnity norm applies for to execute a person Wu Mou jade, Fu Mou, Lian Mou valuable RMB 50 thousand yuan, since the day that this be confined to adjudicates become effective originally fulfill inside 10 days; 2, the 10 inside day compensation since the day at adjudicating become effective answer to apply for to carry out jade of person Wu Mou, Fu Mou, Lian Mou south Lian Mou valuable death compensation (include the life that be brought up to be expended alive) , funeral expenses, delay one's work is expended.

This court decision produced legal effectiveness on August 18, 2016, because be carried out,the person fulfils the obligation with definite place of copy clerk of become effective law not automatically, application executive person made the same score city people court to apply for to be carried out compulsively to Zhang on September 12, 2016, of case application mark in all 221797.5 yuan.

In executive process, center of Longyan of Inc. of some insurance of China of person be executived raises company Zhang to make the same score sale to served a ministry to pay 50000 yuan to recoup a money; Zhang equal court of justice connects person be executived lawfully brought into south some break his promise to be carried out person list, transfer the deposit RMB that the bank is in south Lian Mou of person be executived 7780 yuan, paid 1500 yuan of assessment that regard Fujian FET*** as van fee, surplus money already carried out a person 6280 yuan to get by application; Close down and distrain concludes the case the Fujian FET*** of under one's name of bright of alien Lin Mou is light-duty dump truck (droit is carried out artificially south person Lian Mou) , via two the auction fails to clinch a deal, stream pat the price to be 50846.4 yuan, via Zhang equal court of justice carries out a person to affirm to application, RMB of this car evaluate 50846.4 yuan, consign applies for to carry out a person to compensate for debt RMB 50846.4 yuan. So far this case is carried out reach the designated position 107126.4 yuan of mark. Zhang equal court of justice is returned inquire state of belongings of person be executived to the branch such as branch of the place of each commercial bank, registration of vehicles, praedial bureau that register, land, industrial and commercial bureau, all did not discover person be executived has can offer the property that carry out. Because be carried out,the of short duration austral person Lian Mou can be offerred without belongings carry out, application executive person also cannot be carried out to this academy quote the person can offer executive belongings clue, put forward to agree with this case to the court terminative executive program.

Applicant Fu Mou, Lian Mou valuable because this case creates a family,main labour force is lost, without source of fixed economy income, domestic economy is embarrassed, reflect its domesticity difficulty to the court for many times. Because this case involves the people's livelihood, under one's name of person be executived can be offerred without other property carry out, classics search the clew that also fails to find person be executived for many times, 2017, zhang equal court of justice carries out person Fu Mou to extend for application in all judicatory deliverance 50 thousand yuan.

This case belongs to typical execution cannot case. In executive process, zhang makes the same score a court already end implements measure, carry out in all reach the designated position 107126.4 yuan of mark, of short duration of person be executived can be offerred without belongings carry out, still more than yuan 110 thousand are not fulfilled, the case is entered terminative executive program. If apply for to be carried out person discovery,the person has can offer the property that carry out, can apply for to carry out again.