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What to do if the economic dispute is prosecuted and unable to repay

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What to do if the economic dispute is prosecuted and unable to repay


        

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  • 2024-06-17 22:02:26

    The debts shall be paid off. If the debtor is unable to repay the debt for the time being, the debtor may repay the debt in installments with the consent of the creditor or a ruling of the people's court. If they are able to repay and refuse to repay, the people's court shall make a judgment to compel repayment. In case of temporary inability to repay, the debtor shall repay in installments. If the debtor is permanently insolvent, he can only pay off the debtor's personal existing property.
    According to the provisions of Article 244 of the Civil Procedure Law, Article 251 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 right 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.
    According to Article 1187 of the Civil Code, after the damage occurs, the parties may negotiate the payment method of compensation expenses. If no agreement is reached through consultation, the compensation fee shall be paid in a lump sum; If it is really difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

    Legal basis

    Article 1187 of the Civil Code of the People's Republic of China [Payment method of compensation expenses] After the damage occurs, the parties may negotiate the payment method of compensation expenses. If no agreement is reached through consultation, the compensation fee shall be paid in a lump sum; If it is really difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

    Article 244 of the Civil Procedure Law of the People's Republic of China (2017 Revision): The court legally takes enforcement measures
    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 his 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.

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    2024-06-17 22:02:26

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