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Can the court directly enforce the debtor's claim?

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Can the court directly enforce the debtor's claim?


        

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  • 2024-06-06 08:00:03

    The court may directly enforce the debtor's claims.

    1、 If the person subjected to execution is unable to pay off his debts, but has a creditor's right due to a third person, the people's court may, upon the application of the person applying for execution, notify the third person to pay his debts to the person applying for execution. If the third party has no objection to the debt but fails to perform it within the time limit specified in the notice, the people's court may enforce it.

    2、 The period of application for enforcement is two years. It shall be calculated from the last day of the performance period specified in the legal document; If the legal document stipulates that the performance shall be carried out by stages, it shall be calculated from the date when the last period of performance expires; If a legal document does not specify a period of performance, it shall be calculated from the date when the legal document comes into force.

    3、 Creditor's right is the right in civil law to request others to do certain acts (acts or omissions). Based on the principle of relative rights and obligations, it is a legal obligation that must be a certain act (act or omission) in relation to creditors. Therefore, the relationship of debt is essentially the relationship of creditor's rights and debt in law, and neither creditor's rights nor debt can exist alone.

    [Legal Basis]

    Article 251 of the Civil Procedure Law of the People's Republic of China states that if the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, the people's court has the power to seal up, detain, freeze, auction or sell off part of the property of the person subjected to execution that should perform the obligations. However, the necessities of life of the person subjected to execution and his dependant family members shall be kept.

    When adopting the measures mentioned in the preceding paragraph, the people's court shall make a ruling.

    On***

    2024-06-06 08:00:03

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