If it is decided that the property is ownerless, the people's court that made the judgment will take the ownerless property into the ownership of the state or the collective.
Article 463 An effective legal document applied by a party to a people's court for execution shall meet the following conditions:
(1) The subject of rights and obligations is clear;
(2) The payment content is clear.
If the legal document determines to continue to perform the contract, it shall specify the specific content of continuing to perform.
Article 464 According to the provisions of Article 227 of the Civil Procedure Law, if an outsider raises an objection to the subject matter of execution, it shall do so before the end of the execution procedure of the subject matter of execution.
Article 465 If an outsider raises an objection to the execution target, it shall be handled according to the following circumstances after examination:
(a) if the rights and interests enjoyed by the outsider are not enough to exclude the subject matter of execution, the ruling shall reject its objection;
(2) If the outsider enjoys enough rights and interests to exclude the execution of the subject matter, the execution shall be suspended.
The people's court shall not punish the object of execution within 15 days from the date when the ruling rejecting the execution objection of the outsider is served on the outsider.
Article 466 If, after reaching a settlement agreement with the person subjected to execution, the executor of the application requests to suspend execution or withdraw the application for execution, the people's court may rule to suspend execution or terminate execution.
Article 467 In the course of execution, if one party fails to perform or fails to fully perform the settlement agreement reached by both parties voluntarily, and the other party applies for execution of the original legal document, the people's court shall resume execution, but the part of the settlement agreement that has been performed shall be deducted. If the settlement agreement has been fulfilled, the people's court may not resume execution.
Article 468 The provisions of Article 239 of the Civil Procedure Law shall apply to the application for resuming the execution of the original legal documents. The application execution period is interrupted by reaching an ongoing settlement agreement, and the period is recalculated from the last day of the performance period agreed in the settlement agreement.
Article 469 If the people's court decides to suspend execution in accordance with the provisions of Article 231 of the Civil Procedure Law, if the guarantee has a time limit, the time limit for suspension of execution shall be the same as that of the guarantee, but the longest period shall not exceed one year. During the suspension of execution, if the person subjected to execution or the guarantor transfers, conceals, sells or damages the secured property, the people's court may resume compulsory execution.
Article 470 Where an execution guarantee is provided to the people's court in accordance with the provisions of Article 231 of the Civil Procedure Law, the person subjected to execution or another person may provide a property guarantee, or another person may provide a guarantee. The guarantor shall have the ability to perform or bear the liability for compensation on his behalf.
If another person provides an execution guarantee, it shall issue a guarantee to the execution court and send a copy of the guarantee to the applicant for execution. Where the person subjected to execution or others provide property guarantee, the relevant formalities shall be handled with reference to the relevant provisions of the Property Law and the Guarantee Law.
Article 471 If the person subjected to execution still fails to perform his obligations after the expiration of the time limit for suspension of execution ordered by the people's court, the people's court may directly execute the guaranteed property or order the execution of the guarantor's property, but the execution of the guarantor's property is limited to the part that the guarantor should perform his obligations.
Article 472 In accordance with the provisions of Article 232 of the Civil Procedure Law, if a legal person or other organization as the subject of execution is divided or merged, the people's court may rule that the changed legal person or other organization is the subject of execution; If it is revoked, if there is a successor of rights and obligations in accordance with the relevant substantive law, it may be ruled that the successor of rights and obligations is the person subjected to execution.
Article 473 If any other organization fails to fulfill its obligations specified in the legal documents during the execution, the people's court may order the execution of the property of a legal person or individual citizen who has legally assumed obligations to the other organization.
Article 474 In the course of execution, if the name of the legal person or other organization as the person subjected to execution changes, the people's court may rule that the changed legal person or other organization is the person subjected to execution.
Article 475 If a citizen who is the person subjected to execution dies and his heirs do not give up the inheritance, the people's court may make a ruling to change the person subjected to execution, and the heirs shall pay off the debts within the scope of the inheritance. If the heir renounces inheritance, the people's court may directly execute the estate of the person subjected to execution.
Article 476 Where other legal documents stipulated by law to be executed by the people's courts are revoked by the relevant organs or organizations according to law after execution, the provisions of Article 233 of the Civil Procedure Law shall apply upon the application of the parties concerned.
Article 477 If some matters decided by an arbitration institution are under the circumstances as stipulated in the second and third paragraphs of Article 237 of the Civil Procedure Law, the people's court shall rule that they shall not be executed.
If the part that should not be executed is inseparable from other parts, the people's court shall rule not to execute the arbitral award.
Article 478 In accordance with the provisions of paragraphs 2 and 3 of Article 237 of the Civil Procedure Law, if the parties object to the enforcement or reconsideration of the arbitral award after the people's court has ruled that it will not be executed, the people's court shall not accept it. The parties may reach a new written arbitration agreement on civil disputes, apply for arbitration, or bring a suit in a people's court.
Article 479 In the course of execution, if the person subjected to execution confirms the property sealed up, seized or frozen by the people's court or divides it to outsiders through arbitration procedures, the execution procedures of the people's court shall not be affected.
If the outsider refuses to accept the case, he may raise an objection in accordance with the provisions of Article 227 of the Civil Procedure Law.
Article 480 Under any of the following circumstances, it may be determined that the notarized creditor's rights document stipulated in the second paragraph of Article 238 of the Civil Procedure Law is indeed wrong:
(1) Notarized creditor's rights documents belong to creditor's rights documents that are not given enforcement effect;
(2) The person subjected to execution fails to appear in person or entrusts an agent to handle notarization, which seriously violates the notarization procedures prescribed by law;
(3) The notarized creditor's rights documents are inconsistent with the facts or violate the mandatory provisions of the law;
(4) The notarized creditor's rights document does not specify that the person subjected to execution agrees to accept compulsory execution when he fails to perform his obligations or fails to fully perform his obligations.
If the people's court finds that the execution of notarized creditor's rights documents is contrary to the public interest, it shall rule that it shall not be executed.
After the notarized creditor's rights document is ruled not to be executed, the parties and interested parties to the notarized matter may bring a lawsuit on the creditor's rights dispute.
Article 481 Where a party requests not to execute an arbitral award or notarized creditor's rights documents, it shall submit the request to the enforcement court before the end of execution.
Article 482 After receiving an application for execution or handing it over for execution, the people's court shall issue a notice of execution within ten days.
In addition to ordering the person subjected to execution to perform the obligations specified in the legal documents, the notice of execution shall also inform him to bear the interest or money for delayed performance as stipulated in Article 253 of the Civil Procedure Law.
Article 483 Where an applicant for execution applies to a people's court for compulsory execution within the time limit for application execution, the people's court shall accept it. If the person subjected to execution raises an objection to the application during the limitation of action, and the people's court finds that the objection is established after examination, it shall rule that it shall not be executed.
After the person subjected to execution has fulfilled all or part of his obligations, the people's court shall not support the request for cancellation of execution on the grounds that he does not know the expiration of the limitation period for application for execution.
Article 484 The people's court may compel the person subjected to execution, his legal representative, responsible person or actual controller, who must accept the investigation and inquiry, to be present after being summoned according to law without justifiable reasons.
The people's court shall promptly investigate and question the detained person, and the time for investigation and inquiry shall not exceed eight hours; If the situation is complicated and detention measures can be taken according to law, the time for investigation and inquiry shall not exceed twenty-four hours.
When the people's court takes summons measures outside its jurisdiction, it may summon the detained person to the local people's court, and the local people's court shall provide assistance.
Article 485 The people's court has the right to inquire about the identity information and property information of the person subjected to execution, and the units and individuals with relevant information must handle it in accordance with the notice of assistance in execution.
Article 486 The people's court shall not dispose of the executed property except that it is sealed up, distrained or frozen. For various properties that can be directly deducted, such as bank deposits, the deduction ruling of the people's court also has the legal effect of freezing.
Article 487 The time limit for the people's court to freeze the bank deposits of the person subjected to execution shall not exceed one year, the time limit for sealing up or distraining movable property shall not exceed two years, and the time limit for sealing up immovable property and freezing other property rights shall not exceed three years.
Where the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of continuing the seizure, seizure and freezing before the expiration of the time limit, and the extension period shall not exceed the time limit specified in the preceding paragraph.
The people's court may also handle the formalities of continued sealing up, seizure and freezing ex officio.
Article 488 In accordance with Article 247 of the Civil Procedure Law, if the people's court needs to auction the property of the person subjected to execution, it may organize the auction by itself or entrust an auction institution with corresponding qualifications to auction.
If it is submitted to an auction institution for auction, the people's court shall supervise the auction activities.
Article 489 Where an auction evaluation requires an inquest or inspection of the site, the people's court shall order the person subjected to execution and the obligor for assistance to cooperate. If the person subjected to execution or the obligor for assistance refuses to cooperate, the people's court may enforce it.
Article 490 If the people's court needs to sell the property of the person subjected to execution, it may hand it over to the relevant unit for sale or the people's court may sell it directly.
The people's court and its staff shall not buy the property sold.
Article 491 With the consent of the applicant and the person subjected to execution, the people's court may directly transfer the property of the person subjected to execution to the applicant at a fixed price to pay off the debts without harming the legitimate rights and interests of other creditors and the public interests. The person subjected to execution shall continue to pay off the remaining debts.
Article 492 Where the property of the person subjected to execution cannot be auctioned or sold off, the people's court may, with the consent of the application executor, deliver the property to the application executor at a fixed price to pay off the debt or deliver it to the application executor for management, provided that the legitimate rights and interests of other creditors and the public interests are not harmed; If the application executor refuses to accept or manage it, it shall return it to the person subjected to execution.
Article 493 Where an auction is concluded or an order is made to pay debts in kind according to legal procedures, the ownership of the subject matter shall be transferred when it is delivered to the buyer or the creditor who accepts the debt.
Article 494 Where the subject matter of execution is a specific subject matter, the original subject matter shall be executed. If the original thing has been damaged or lost, it can be compensated at a discount with the consent of both parties.
If the two parties fail to reach an agreement on the discount compensation, the people's court shall terminate the execution procedure. The executor of the application may sue separately.
Article 495 If another person holds property or tickets designated for delivery by legal documents, and the people's court refuses to hand them over after issuing a notice of assistance in execution in accordance with the provisions of paragraphs 2 and 3 of Article 249 of the Civil Procedure Law, it may enforce them, and may handle them in accordance with the provisions of Articles 114 and 115 of the Civil Procedure Law.
If the property or ticket is damaged or lost during the holding period of others, it shall be handled with reference to the provisions of Article 494th of this Interpretation.
If others claim to legally hold property or tickets, they may raise execution objections according to the provisions of Article 227 of the Civil Procedure Law.
Article 496 In the course of execution, if the person subjected to execution conceals property, account books and other materials, the people's court shall, in addition to handling the matter in accordance with Item 6 of Paragraph 1 of Article 111 of the Civil Procedure Law, also order the person subjected to execution to hand over the hidden property, account books and other materials. If the person subjected to execution refuses to hand it over, the people's court may take search measures.
Article 497 Search personnel shall dress in accordance with the regulations and produce search warrants and work certificates.
Article 498 When a people's court conducts a search, irrelevant personnel are prohibited from entering the search site. If the object of the search is a citizen, it shall notify the person subjected to execution or his adult family members and grass-roots organizations to send personnel to be present; If the object to be searched is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the search.
Searching a woman's body should be carried out by female staff.
Article 499 Property found during a search that should be sealed up or detained according to law shall be handled in accordance with the provisions of the second paragraph of Article 245 and Article 247 of the Civil Procedure Law.
Article 500 A record shall be made during a search, which shall be signed, sealed or sealed by the searcher, the searched person and other people present. Those who refuse to sign, seal or stamp shall be recorded in the search record.
Article 501 When enforcing the creditor's rights of others, the people's court may order to freeze the creditor's rights and notify others to perform them to the applicant for enforcement.
If other people have objections to the due creditor's rights and apply for enforcement of the objection, the people's court will not support it. If an interested party disagrees with the creditor's rights due, the people's court shall handle it in accordance with the provisions of Article 227 of the Civil Procedure Law.
The people's court will not support others who deny the due creditor's rights determined by the effective legal documents.
Article 502 If the people's court needs to go through the formalities of transferring ownership certificates such as real estate license, land certificate, forest right certificate, patent certificate, trademark certificate, vehicle and vessel license, it may do so in accordance with the provisions of Article 251 of the Civil Procedure Law.
Article 503 If the person subjected to execution fails to perform the behavioral obligation specified in the effective legal document, and the obligation can be performed by another person, the people's court may select that person to perform it on his behalf; Where laws and administrative regulations conditionally restrict the performance of this obligation, it shall be selected from qualified personnel. When necessary, the agent can be determined by bidding.
The application executor may recommend the person to be executed among qualified people, or apply for execution on his own. Whether to approve or not shall be decided by the people's court.
Article 504 The amount of agency performance fee shall be determined by the people's court according to the specific circumstances of the case, and the person subjected to execution shall pay in advance within the specified time limit. If the person subjected to execution fails to pay in advance, the people's court may enforce it.
After the performance of the agent, the person subjected to execution may consult and copy the expense list and main vouchers.
Article 505 If the person subjected to execution fails to perform the act specified in the legal document, which can only be completed by the person subjected to execution, the people's court may handle it in accordance with the provisions of Item 6, Paragraph 1, Article 111 of the Civil Procedure Law.
If the person subjected to execution still fails to perform within the time limit set by the people's court, the people's court may handle it again in accordance with the provisions of Item 6, Paragraph 1, Article 111 of the Civil Procedure Law.
Article 506 Where the person subjected to execution delays performance, the interest or money for delayed performance shall be counted from the date when the time limit for performance specified in the judgment, ruling or other legal documents expires.
Article 507 If the person subjected to execution fails to perform the obligation of non-monetary payment within the time limit specified in the judgment, ruling or other legal documents, he shall pay a delay payment regardless of whether it causes losses to the applicant for execution. If losses are caused, double the compensation for the losses already suffered by the application executor; If no losses are caused, the people's court may decide to postpone the performance according to the specific circumstances of the case.
Article 508 Where the person subjected to execution is a citizen or other organization, after the execution procedure begins, if other creditors of the person subjected to execution find that the property of the person subjected to execution cannot pay off all the creditor's rights, they may apply to the people's court to participate in the distribution.
Creditors who have the priority to be compensated and the security interest in the property sealed up, detained or frozen by the people's court may directly apply to participate in the distribution and claim priority to be compensated.
Article 509 Anyone who applies to participate in distribution shall submit an application. The application shall specify the facts and reasons for participating in the distribution and the inability of the person subjected to execution to pay off all the creditor's rights, and attach the execution basis.
The application for participation in the distribution shall be made after the execution procedure begins and before the execution of the property of the person subjected to execution ends.
Article 510 When participating in the distribution execution, after deducting the execution expenses from the execution price and paying off the creditor's rights that should be paid in priority, in principle, the ordinary creditor's rights shall be paid in proportion to the total amount of creditor's rights applied to participate in the distribution. After repayment, the debtor shall continue to pay off the remaining debts. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time.
Article 511 Where multiple creditors apply to participate in the distribution of the property to be executed, the enforcement court shall make a property distribution plan and serve it on all creditors and the person to be executed. If the creditor or the person subjected to execution has any objection to the distribution plan, it shall file a written objection to the enforcement court within 15 days from the date of receiving the distribution plan.
Article 512 Where the creditor or the person subjected to execution raises a written objection to the distribution plan, the enforcement court shall notify the creditor or the person subjected to execution who has not raised the objection.
If the creditor or the person subjected to execution who has not raised an objection does not raise an objection within fifteen days from the date of receiving the notice, the enforcement court shall review and modify the distribution plan according to the opinions of the objector and distribute it; If an objection is raised, the objector shall be informed. The objector may, within fifteen days from the date of receiving the notice, take the creditor or the person subjected to execution who raised the objection as the defendant and bring a lawsuit to the enforcement court; If the dissenter fails to file a lawsuit within the time limit, the enforcement court shall make distribution according to the original distribution plan.
If distribution is made during the litigation, the enforcement court shall deposit the amount corresponding to the disputed creditor's rights.
Article 513 In the course of execution, if the enterprise legal person who is the person subjected to execution meets the conditions stipulated in the first paragraph of Article 2 of the Enterprise Bankruptcy Law, with the consent of one of the persons applying for execution or the person subjected to execution, the execution court shall make a ruling to suspend the execution of the person subjected to execution and transfer the relevant materials of the execution case to the people's court where the person subjected to execution resides.
Article 514 The people's court of the place where the person subjected to execution resides shall, within 30 days from the date of receiving the relevant materials for the execution of the case, notify the execution court of the ruling on whether or not to accept the bankruptcy case. If it is not accepted, the relevant case materials shall be returned to the enforcement court.
Article 515 If the people's court in the place where the person subjected to execution resides decides to accept the bankruptcy case, the execution court shall lift the measures for preserving the property of the person subjected to execution. If the people's court of the place where the person subjected to execution resides decides to declare the person subjected to execution bankrupt, the execution court shall decide to terminate the execution of the person subjected to execution.
If the people's court of the place where the person subjected to execution resides refuses to accept the bankruptcy case, the execution court shall resume execution.
Article 516 Where the parties do not agree to transfer the bankruptcy case or the people's court in the place where the person subjected to execution resides refuses to accept the bankruptcy case, the execution court shall pay off the ordinary creditor's rights with the property obtained from the execution of the price change, after deducting the execution expenses and giving priority to paying off the creditor's rights, in the order of sealing up, distraining and freezing the property during the property preservation and execution.
Article 517 Where a creditor requests the people's court to continue execution in accordance with the provisions of Article 254 of the Civil Procedure Law, it shall not be subject to the limitation period for applying for execution as stipulated in Article 239 of the Civil Procedure Law.
Article 518 If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may, in addition to punishing the person subjected to execution, include him in the list of persons subjected to execution without trust according to the circumstances, and notify his unit, credit reporting agency and other relevant institutions of the failure or incomplete performance of the obligations.
Article 519 If there is no property available for execution after property investigation, the execution procedure may be terminated by ruling after the signature of the application executor or the collegial panel of the execution court is formed to examine and verify the property and the approval of the president.
After the execution is terminated in accordance with the provisions of the preceding paragraph, if the applicant for execution finds that the person subjected to execution has property available for execution, he may apply for execution again. Re-application is not limited by the application execution period.
Article 520 After the execution is terminated due to the cancellation of the application, if the party concerned applies for execution again within the time limit stipulated in Article 239 of the Civil Procedure Law, the people's court shall accept it.
Article 521 If, within six months after the end of execution, the person subjected to execution or any other person obstructs the execution of the target, the people's court may apply for removing the obstruction and may impose penalties in accordance with the provisions of Article 111 of the Civil Procedure Law. If the obstruction causes losses to the enforcement creditor or others, the victim may file a separate lawsuit.