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Does the outsider of the enforcement objection have the right to bring up the confirmation?

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Does the outsider of the enforcement objection have the right to bring up the confirmation?


        

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  • 2024-06-12 21:00:57

    Does the outsider of the enforcement objection have the right to bring up the confirmation of rights?
    1. The relief can only be achieved through the execution of dissent and the action of dissent by an outsider as stipulated in Article 204 of the Civil Procedure Law, and no action for ascertaining rights can be brought. 2. Basis: According to the second paragraph of the Notice of the Supreme People's Court on the Correct Application of Articles 202 and 204 of the Revised Civil Procedure Law in the Implementation Work, if an outsider raises an objection to the subject matter of execution, the enforcement court shall review and make a ruling. According to the provisions of Article 204 of the Civil Procedure Law, an outsider who refuses to accept the ruling can only bring a lawsuit or handle it according to the trial supervision procedure. There is no legal basis for the enforcement court to grant the outsider and the party concerned the right to apply for reconsideration in the ruling made against the objection. Article 26 of the Several Opinions of the Supreme People's Court on the Rational Allocation and Scientific Operation of the Enforcement Power, when hearing a lawsuit for confirmation of power, the judicial organ shall inquire about the ownership of the property to be confirmed, and if it finds that the case has been sealed, detained or frozen by the Executive Bureau, it shall suspend the hearing; If the property claimed by the party for confirmation of rights is disposed of by the Executive Board, the case for confirmation of rights shall be canceled; If the power is confirmed after the Executive Bureau seals up, distrains or freezes, the judgment or mediation statement shall be revoked. Do you understand that?

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