Article 111 of the Civil Procedure Law If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detain him according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case; ?
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury; ?
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept; ?
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors; ?
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means; ?
(6) Refusing to perform a legally effective judgment or ruling of the people's court. ?
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law. ?
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Case: Can the house that has been sold but not transferred by the executor be excluded from court enforcement?
2065438+In June 2006, Li borrowed 250,000 yuan from Wang, which was still unpaid. After Wang sued the court, he decided to refund Li. However, after the judgment came into effect, Li failed to fulfill his repayment obligation, and Wang applied to the court for execution, requesting the auction of the property registered under Li's name. After investigation, Li sold the house to Zhang for 300,000 yuan in March 20 14. After Zhang paid all the purchase price, Li handed over the house ownership certificate to Zhang for safekeeping. Zhang has been living in the house, but Zhang has never gone through the transfer formalities. Can Li apply for the execution of the house that has been sold but not transferred? ?
Although Zhang has paid all the house price and actually occupied the house, and has not registered the transfer, it does not prove that the third person Zhang is not at fault for not transferring the house, so the court can enforce the house. ?
According to Article 17 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts: "If the person subjected to execution sells all his property that needs to be registered for transfer to a third party, and the third party has paid part or all of the price and actually occupies the property, but has not gone through the transfer registration procedures, the people's court may attach, detain and freeze it; If the third party has paid the full price and actually possessed it, but has not gone through the transfer registration procedures, if the third party is not at fault, the people's court shall not seal up, detain or freeze it. " ?
According to the distinction between the two parts before and after Article 17 of the Seizure Regulations, the main difference whether it can be implemented is whether the third party is at fault. In this case, before Wang applied to seal up and freeze the disputed house, whether Zhang occupied or used the disputed house, Zhang did not produce other evidence to prove it except the oral statements of Li and Zhang.
The existing evidence is not enough to prove that Zhang occupied and used the disputed house before Wang applied to seal it up. After Zhang received the title certificate of the disputed house from Li, he did not go to the relevant housing management department to handle the transfer formalities in time. The existing evidence cannot prove that it is restricted or influenced by other objective conditions, that is, it cannot prove that the third party Zhang is not at fault for not handling the transfer formalities. Therefore, the houses that Li has sold but not transferred can apply for execution.
China Court Network-Can the houses that have been sold but not transferred by the executor be excluded from court enforcement?
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law