Of course, it has to be managed, not to mention more than 10 years, that is, 30 years, 50 years, even if the heir dies, as long as the relevant property clues are found, the court will take care of it.
The final copy is a special procedure, and for the vast majority of cases, the final copy basically means that the case cannot be executed unless new property clues are discovered.
However, even in the final case, there are still two parts of the property that need to be noted. In general, the vast majority of people will have both types of property, which means that it is very likely that they will be enforced.
Let's talk about these related situations. I believe you will understand if you take a minute to read this article.
1. The full name of the final version is to terminate the enforcement procedure, which is a means for the court to conclude the case.
For the applicant for enforcement, of course, he hopes that the case will be closed in the form of completion of execution, but in reality, this is just an expectation, because in reality, the proportion of completed execution may only account for 20% or 30%.
For the vast majority of cases, the cases were concluded by terminating the current enforcement procedure.
A small number of cases were closed by way of termination of execution, mainly as a result of a settlement between the parties.
2. Before the termination of this enforcement procedure, the court will give the applicant a final interview.
The main content of the interview is to inform the applicant of the property situation of the person subject to enforcement that he has inquired about at present, as well as the situation that cannot be executed for the time being, and ask the applicant for enforcement if there are any new clues.
The opinion of the applicant for enforcement is not too important as to whether the final copy can be finalized, and if the applicant for enforcement agrees, there is no problem at all.
If the applicant does not agree, then the court only needs to perform an internal procedure to finalize the text ex officio - that is, after the collegial panel deliberates and is approved by the president (including the vice president in charge).
Paragraph 1 of Article 517 of the Interpretation of the Civil Procedure Law stipulates that if no property is found to be available for enforcement after a property investigation, a ruling may be made to terminate the enforcement procedure after the applicant for enforcement signs and confirms it or the enforcement court forms a collegial panel to review and verify it and is approved by the court president.
3. Of course, since the final version is the end of this enforcement procedure, it does not mean that the case will definitely be unenforceable after the final version.
This is because paragraph 2 of Article 517 of the Interpretation of the Civil Procedure Law also stipulates that after the enforcement is terminated in accordance with the provisions of the preceding paragraph, if the applicant for enforcement finds that the person subject to enforcement has property available for enforcement, he may apply for enforcement again. Re-application is not subject to the limitation period for the application for enforcement.
From this, we can draw the following conclusions:
Even if the case is finalized, the case can be resumed at any time as long as it is found that the person subject to enforcement has property clues that can be used for enforcement.
This is no longer time-barred.
Moreover, in addition to the application of the executor, the court may also resume enforcement ex officio.
4. Of course, many persons subject to enforcement may not have any property clues in a short period of time, but there are the following two points, many people will have property, and it is necessary to pay attention to:
The first point is pensions and pensions after retirement. Generally, as long as you are 60 years old, even if you do not have a proper job, you will have a pension, and this part of the money can be implemented, as long as you leave him the money of the minimum living security standard.
The second point is the property that may be left behind after death. Many people who are subject to enforcement only have one house in their name, and the house is not large, so it cannot be enforced because it is used for them to live.
However, when he dies, the property is enforceable, and even if it is an inheritance, it should be used to pay off debts first, and the rest can be inherited as an inheritance.
#春日生活打卡季#