Court enforce virtual digital currency property
Publish: 2021-05-20 22:03:55
1. If virtual currency has value in the future, the court will consider enforcement.
2. All the property of the company can be used for enforcement, including working capital, plant machinery and equipment, inventory goods, etc., as well as other people's debt to you. But the personal property of the company's boss cannot be enforced
if the above property is less than 1 million yuan and can not pay off all debts, company a and company B can apply to the court for bankruptcy liquidation. After liquidation, company a should write off. Of course, the remaining debts that can't be paid don't have to be paid.
if the above property is less than 1 million yuan and can not pay off all debts, company a and company B can apply to the court for bankruptcy liquidation. After liquidation, company a should write off. Of course, the remaining debts that can't be paid don't have to be paid.
3. Farmland and homestead are owned by the collective and belong to the basic living security. Generally, they are not implemented
the goods of shops can be implemented, evaluated, auctioned or paid off
the goods of shops can be implemented, evaluated, auctioned or paid off
4. (1) Generally, freezing measures are adopted, which can be implemented when the financial procts are e and can be cashed. Sometimes, the financial procts are auctioned
(2) generally speaking, according to the law, as long as the financial procts can be transferred, they should be auctioned, because it involves the risk of financial procts. If the financial procts are e, the risk of loss may lead to damage to the rights and interests of creditors. In addition, enforcement is aimed at the value of the property at that time, rather than its expected value
(3) if the financial proct cannot be transferred or is not transferable according to laws and regulations, it can only be implemented after the maturity of the financial proct
(4) no matter whether the ownership can be transferred or not, it does not affect the parties to negotiate and conclude an enforcement settlement agreement, that is, the parties at that time can agree on the way of enforcement, which is not controlled or interfered by the court.
(2) generally speaking, according to the law, as long as the financial procts can be transferred, they should be auctioned, because it involves the risk of financial procts. If the financial procts are e, the risk of loss may lead to damage to the rights and interests of creditors. In addition, enforcement is aimed at the value of the property at that time, rather than its expected value
(3) if the financial proct cannot be transferred or is not transferable according to laws and regulations, it can only be implemented after the maturity of the financial proct
(4) no matter whether the ownership can be transferred or not, it does not affect the parties to negotiate and conclude an enforcement settlement agreement, that is, the parties at that time can agree on the way of enforcement, which is not controlled or interfered by the court.
5. Court enforcement is a compulsory action taken by the court against the defendant according to the result of legal judgment
after applying to the court for compulsory execution, if the defendant really has no money or property, the people's court may suspend the termination of the procere and continue the execution when the defendant has clues about property. If the defendant has property and intentionally does not cooperate with the court in the execution, the people's court may detain him compulsorily and execute his property. The key to the execution of a case is to provide and find the defendant's property clues, otherwise the execution is difficult to be effective. The property of the other party can be inquired from the following aspects
provides the defendant's ID number to apply to the court to inquire about his bank deposit. Of course, in this case, the defendant is likely to have transferred his bank deposit. We can check his withdrawal record, transfer record, etc. May apply for the execution of the defendant's joint property. The debts owed ring the ration of the relationship between husband and wife belong to joint debts, and the defendant may apply for compulsory execution of the joint property of husband and wife
the creditor's right can be transferred to the "creditor" who has the binding force to enforce the creditor's right
you can query the vehicles and properties in the name of the defendant. However, if the defendant has only one house to live in after inquiry, the house can not be applied for execution.
after applying to the court for compulsory execution, if the defendant really has no money or property, the people's court may suspend the termination of the procere and continue the execution when the defendant has clues about property. If the defendant has property and intentionally does not cooperate with the court in the execution, the people's court may detain him compulsorily and execute his property. The key to the execution of a case is to provide and find the defendant's property clues, otherwise the execution is difficult to be effective. The property of the other party can be inquired from the following aspects
provides the defendant's ID number to apply to the court to inquire about his bank deposit. Of course, in this case, the defendant is likely to have transferred his bank deposit. We can check his withdrawal record, transfer record, etc. May apply for the execution of the defendant's joint property. The debts owed ring the ration of the relationship between husband and wife belong to joint debts, and the defendant may apply for compulsory execution of the joint property of husband and wife
the creditor's right can be transferred to the "creditor" who has the binding force to enforce the creditor's right
you can query the vehicles and properties in the name of the defendant. However, if the defendant has only one house to live in after inquiry, the house can not be applied for execution.
6. Provisions of the Supreme People's Court on Several Issues concerning the execution of the people's court 11. Multiple creditors apply for execution against a debtor and participate in distribution
88, The compensation shall be paid according to the order in which the enforcement court takes enforcement measures
if there are different types of creditor's rights, the creditor's rights based on ownership and security interest have priority over money creditor's rights. If there are multiple security interests, the payment shall be made in accordance with the order in which the security interests are established
if more than one creditor applying for the execution of the same person whose money payment content is determined by an effective legal document, and the property executed is insufficient to pay off all debts, and each creditor has no security interest in the subject matter of execution, it shall be paid according to the proportion of each creditor's right
89. If the person subjected to execution is an enterprise legal person and his property is insufficient to pay off all debts, the party concerned may be informed to apply for bankruptcy of the person subjected to execution in accordance with the law
90. If the person subjected to execution is a citizen or other organization, and all or major property of the person subjected to execution has been sealed up, impounded or frozen by a people's court e to the execution of an effective legal document confirming the payment of money, and there is no other property available for execution or the other property is insufficient to pay off all debts, before the property of the person subjected to execution is executed, Other creditors who have obtained the basis for the execution of the pecuniary claim against the person subjected to execution may apply for participation in the distribution of the property of the person subjected to execution
91. The specific distribution of the property of the person involved in the execution should be presided over by the court that first seals up, distorts or freezes it
if the execution measures taken by the court that seals up, distorts or freezes the case first are to execute the property preservation ruling, the specific distribution should be carried out after the trial of the case in the court
92. If the creditor applies to participate in the distribution, he / she shall submit an application for participation in the distribution to the court that originally applied to execute the distribution, stating the reasons for participation in the distribution and attaching the basis for execution. The enforcement court shall transfer the application for participation in the distribution to the court in charge of the distribution and state the implementation
93. Creditors who have priority or security interest in the property sealed up, distrained or frozen by the people's court can apply to participate in the distribution procere and claim the priority of compensation
94. The property available for execution in the distribution case shall be distributed according to the proportion of the amount of the creditor's rights in each case after the creditors with priority and security right have priority to be paid according to the law
95. After the property of the person subjected to execution is distributed to the creditors, the person subjected to execution shall continue to pay off the remaining debts. If the creditor discovers that the person subjected to execution has other property, the people's court may, on the basis of the creditor's application, continue to enforce the property according to law
96. If the person subjected to execution is an enterprise legal person, cancels, cancels or closes down business without liquidation or liquidation, and his property is insufficient to pay off all debts, the creditor's rights of each creditor shall be paid off in proportion with reference to articles 90 to 95 of these provisions< Article 4 if an infringer should bear administrative or criminal responsibility for the same act, it does not affect the legal liability of the infringer
if the property of the infringer is insufficient to pay for the same act, the infringer shall bear the tort liability first< In the interpretation of applying the tort liability law:
Article 6 [priority of tort claim]
if the property of the infringer is insufficient to bear the tort liability and criminal liability, and should bear the tort liability first, the execution court of the people's court shall first enforce the tort liability determined by the civil judgment, and then the criminal liability determined by the criminal judgment for the remaining property. If the administrative organ has already executed the administrative responsibility first, it should be listed as the third party in the civil judgment of the infringed party's lawsuit, and the priority of execution of the tort responsibility should be determined at the same time. The administrative organ should execute the judgment of the people's court.
88, The compensation shall be paid according to the order in which the enforcement court takes enforcement measures
if there are different types of creditor's rights, the creditor's rights based on ownership and security interest have priority over money creditor's rights. If there are multiple security interests, the payment shall be made in accordance with the order in which the security interests are established
if more than one creditor applying for the execution of the same person whose money payment content is determined by an effective legal document, and the property executed is insufficient to pay off all debts, and each creditor has no security interest in the subject matter of execution, it shall be paid according to the proportion of each creditor's right
89. If the person subjected to execution is an enterprise legal person and his property is insufficient to pay off all debts, the party concerned may be informed to apply for bankruptcy of the person subjected to execution in accordance with the law
90. If the person subjected to execution is a citizen or other organization, and all or major property of the person subjected to execution has been sealed up, impounded or frozen by a people's court e to the execution of an effective legal document confirming the payment of money, and there is no other property available for execution or the other property is insufficient to pay off all debts, before the property of the person subjected to execution is executed, Other creditors who have obtained the basis for the execution of the pecuniary claim against the person subjected to execution may apply for participation in the distribution of the property of the person subjected to execution
91. The specific distribution of the property of the person involved in the execution should be presided over by the court that first seals up, distorts or freezes it
if the execution measures taken by the court that seals up, distorts or freezes the case first are to execute the property preservation ruling, the specific distribution should be carried out after the trial of the case in the court
92. If the creditor applies to participate in the distribution, he / she shall submit an application for participation in the distribution to the court that originally applied to execute the distribution, stating the reasons for participation in the distribution and attaching the basis for execution. The enforcement court shall transfer the application for participation in the distribution to the court in charge of the distribution and state the implementation
93. Creditors who have priority or security interest in the property sealed up, distrained or frozen by the people's court can apply to participate in the distribution procere and claim the priority of compensation
94. The property available for execution in the distribution case shall be distributed according to the proportion of the amount of the creditor's rights in each case after the creditors with priority and security right have priority to be paid according to the law
95. After the property of the person subjected to execution is distributed to the creditors, the person subjected to execution shall continue to pay off the remaining debts. If the creditor discovers that the person subjected to execution has other property, the people's court may, on the basis of the creditor's application, continue to enforce the property according to law
96. If the person subjected to execution is an enterprise legal person, cancels, cancels or closes down business without liquidation or liquidation, and his property is insufficient to pay off all debts, the creditor's rights of each creditor shall be paid off in proportion with reference to articles 90 to 95 of these provisions< Article 4 if an infringer should bear administrative or criminal responsibility for the same act, it does not affect the legal liability of the infringer
if the property of the infringer is insufficient to pay for the same act, the infringer shall bear the tort liability first< In the interpretation of applying the tort liability law:
Article 6 [priority of tort claim]
if the property of the infringer is insufficient to bear the tort liability and criminal liability, and should bear the tort liability first, the execution court of the people's court shall first enforce the tort liability determined by the civil judgment, and then the criminal liability determined by the criminal judgment for the remaining property. If the administrative organ has already executed the administrative responsibility first, it should be listed as the third party in the civil judgment of the infringed party's lawsuit, and the priority of execution of the tort responsibility should be determined at the same time. The administrative organ should execute the judgment of the people's court.
7.
If the person subjected to execution has no property to enforce, the court will rule to terminate the execution procere, wait for the person subjected to execution to have any property, and then resume the execution
according to the Supreme People's Court on the application of & lt; Civil Procere Law of the people's Republic of China & gt; Article 519
if no property available for execution is found after property investigation, the execution procere can be terminated after the application is signed by the executor or the execution court forms a collegial panel to review and verify the application and the approval of the president
after the execution is terminated in accordance with the provisions of the preceding paragraph, if the applicant finds that the person subjected to execution has property available for execution, he may apply for execution again. Re application is not subject to the limitation period of application execution
extended information:
the Supreme People's Court on the application of & lt; Civil Procere Law of the people's Republic of China & gt; If the person subjected to execution fails to perform the act specified in the legal document and the act can only be performed by the person subjected to execution, the people's court may deal with it in accordance with Article 111, paragraph 1, item 6 of the civil procere law
if the person subjected to execution still fails to perform within the performance period determined by the people's court, the people's court may deal with it again in accordance with Item 6, paragraph 1, Article 111 of the civil procere law
Article 506 if the person subjected to execution delays in performance, the interest ring the period of delay in performance or the money for delay in performance shall be calculated from the date of expiration of the period of performance specified in the judgment, ruling or other legal documents Article 507 if the person subjected to execution fails to perform the non pecuniary payment obligation within the time limit specified in the judgment, ruling or other legal documents, no matter whether the loss has been caused to the applicant or not, he shall pay the penalty for delay in performance. If losses have been caused, double compensation shall be made for the losses suffered by the applicant executor; If no loss is caused, the penalty for delay in performance may be decided by the people's court according to the specific circumstances of the caseofficial website of Chongqing Municipal People's court; Civil Procere Law of the people's Republic of China & gt; The interpretation of
8. The judgment of the court on the change of legal representative and the ruling of compulsory execution are still valid
the property of the unit is the subject matter of execution
the raw materials and goods belong to the property of the unit, so they can be enforced
the property of the unit is the subject matter of execution
the raw materials and goods belong to the property of the unit, so they can be enforced
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