If the company is sued in the name of the company, after winning the case, the other company has no property to enforce. Can the private property of a legal person be enforced?

After winning the case, the other company has no property to execute. Whether the private property of legal person can be executed needs to be judged according to the specific situation: 1. If the other company is a one-person limited liability company and its legal person cannot prove that the company property is independent of the shareholders' own property, then the private property of the legal person can be enforced. 2. If other legal persons abuse the independent status of the company as a legal person and evade the debts, they shall be jointly and severally liable for the debts of the company, and then they may execute the private property of the legal person.

Legal analysis

First of all, we must understand that the object of execution is the company, not the legal representative; Secondly, it is necessary to find out what is the relationship between another company and this company, whether it is the relationship between the head office, the parent company or the normal business relationship (even if it is only superficial). Different relationships will affect whether you can apply to another company for execution; Generally speaking, if it is the relationship between the head office and the company, you can apply for execution; If it is a parent-subsidiary relationship, the parent company only bears the debts within the scope of the subsidiary's contribution, and the subsidiary bears the debts of the parent company; If it is a normal business relationship, it is basically impossible to apply for enforcement, unless there is clear evidence that the company has previously transferred its property to avoid debts, so it can apply to the court for compensation. As for the deposit in the boss's personal name, it is generally not implemented, because the debtor is the company rather than the boss. Theoretically, vehicles and other properties under the company's name can apply for enforcement.

legal ground

Company Law of the People's Republic of China

Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.

Article 63 If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts.