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Can the judgment be executed in 15 days

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Can the judgment be executed in 15 days


        

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  • 2024-06-18 09:00:51

    Specific analysis of specific problems is required. Generally, the judgment can be applied for execution after it comes into effect. The first instance judgment comes into effect when neither party appeals 15 days after the judgment comes down. The second instance judgment comes into effect after the judgment comes down.

    1. In fact, the application for execution of a judgment is related to the time limit for performance stipulated in legal documents. According to the provisions of the Civil Procedure Law of China, the time limit for applying for execution in Article 215 is two years.

    2. The provisions of the law on the suspension and interruption of the limitation of action shall apply to the suspension and interruption of the time limit for applying for enforcement.

    3. According to the provisions of the Civil Procedure Law, in fact, it only stipulates that if the people's court fails to execute the application within six months from the date of receiving the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution.

    4. If the other party evades execution, you can apply to the court to investigate the criminal responsibility of the other party. The legal basis is Article 102 of the Civil Procedure Law.

    Legal basis

    Announcement on Article 219 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    When the people's court decides to accept the application, it shall at the same time notify the payer to stop payment, and issue a public notice within three days to urge the interested parties to declare their rights. The period of public notice shall be decided by the people's court according to the circumstances, but shall not be less than 60 days.

    A***

    2024-06-18 09:00:51

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