How does the court define the owner of a bank card?
The court can investigate the details of all bank cards of the defendant.
If the court needs to investigate the party’s bank card details, the card-issuing bank must provide the transaction details as required by the court. If it fails to provide them, it may impose civil penalties on the relevant persons and units in accordance with the provisions of the Civil Procedure Law. sanctions.
"Civil Procedure Law"
Article 114: If a unit that is obliged to assist in investigation and enforcement commits any of the following acts, the people's court shall order it to perform its obligation to assist: , and may impose a fine:
(1) Relevant units refuse or obstruct the People's Court's investigation and evidence collection; Assisting in the inquiry, seizure, freezing, transfer, and revaluation of property;
(3) Relevant units refuse to assist in detaining the income of the person subject to execution and handling the transfer procedures of relevant property rights certificates after receiving the notice from the People's Court to assist in execution. , transfer relevant tickets, certificates or other property;
(4) Others refuse to assist in execution.
The people's court may impose a fine on the principal person in charge or the person directly responsible for any unit that has committed one of the acts specified in the preceding paragraph; if the unit still fails to perform its obligation to assist, it may be detained; and it may file a complaint with the supervisory authority. Or the relevant authorities may make judicial recommendations for disciplinary sanctions. How does the court define the owner of the deposit exchange?
According to the provisions of Chapter 22 of the "Civil Procedure Law", the usual methods and means of enforcement by the people's courts of our country are as follows:
1. Inquire, freeze, and transfer the deposits of the person being applied for execution.
Inquiry refers to the activities in which the people's courts investigate and inquire about banks, credit cooperatives and other units or examine and inquire about the deposit status of the respondent.
Freezing refers to a compulsory measure taken by the People's Court against the deposits of the person being applied for execution in banks, credit unions and other financial institutions when conducting litigation preservation or compulsory execution, which prohibits them from withdrawing or transferring. .
When the people's court takes freezing measures, it shall not freeze the special funds specified by the state in the bank account of the person being applied for execution. However, if the person subject to execution uses these names to conceal funds to avoid performing obligations, the People's Court may freeze them.
The maximum period for freezing the deposits of the person being applied for execution is six months. If it is necessary to continue to freeze, the freezing procedures should be completed with banks, credit unions, etc. before the freeze expires. Otherwise, it will not be processed after the expiration date. Considered to be automatically unfrozen.
Transfer means that the people's court transfers the deposits of the legal person or other organization that is the person being applied for execution through banks, credit unions and other units to the person applying for execution according to the amount specified in the notice of assistance in execution by the people's court. Execution measures within the account. Deposit transfers can be made on a frozen basis, or transferred directly without freezing.
When the people's court takes measures such as inquiry, freezing, and transfer, it may directly submit the request to bank offices, savings banks, and credit cooperatives without the consent of their superior authorities. Foreign people's courts can directly inquire, freeze and transfer deposits at banks and credit unions where the person subject to execution is domiciled and the property subject to execution is located, without the consent of the local people's court or transfer procedures. Local banks and credit unions must assist in the process and may not refuse or prevaricate for any reason such as deducting due loans or loan interest. If the person refuses to assist, the people's court may impose a fine in accordance with the provisions of the Civil Procedure Law and recommend disciplinary sanctions to the supervisory authority or relevant authorities.
2. Withhold and withdraw the income of the person being applied for execution.
Article 222 of the "Civil Procedure Law" stipulates: "If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to withhold and withdraw the income of the person subject to execution who should perform the obligations. However, The necessary living expenses of the executioner and his dependent family members shall be retained. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in execution to the unit where the person subject to execution is located, banks, credit cooperatives and other units with savings business. It must be handled. "In enforcement practice, withholding and withdrawing the income of the person subject to enforcement is an enforcement measure often used by the People's Court.
Withholding and withdrawal are two closely related enforcement measures. Withholding is a temporary measure. It temporarily withholds the income of the person being applied for execution and keeps it in the original unit. It is not allowed to use or transfer it, so as to promote it in a limited period. Fulfill obligations within the deadline. If the performance is still not fulfilled within the time limit, the income can be withdrawn and delivered to the person applying for execution.
3. Seal, detain, auction, and sell off the property of the person against whom execution is applied.
If the person against whom execution is applied for fails to perform his obligations according to the execution notice, the people's court has the right to seal up, detain, auction, and sell off the property of the person against whom execution is applied for that should fulfill his obligations.
Seizure is a temporary measure, which refers to an execution measure in which the people's court seals the relevant property of the person being applied for execution, seals it up on the spot, and does not allow anyone to transfer or handle it.
Auction is a public and competitive way for the people's court to sell the property of the person subject to execution at the highest price on the spot.
Sale refers to a measure to force the sale of the property of the person being applied for execution and use the proceeds to pay off the debt. If the People's Court needs to sell off the property of the person subject to execution during execution, it can hand it over to the relevant unit for sale, or the People's Court can sell it directly. If the property is sold directly by the people's court, before the sale, the opinions of the relevant price departments should be sought on the price issue, and the sale price should be reasonable.
The deposits and income detained and withdrawn by the people's court, and the money obtained from the auction and sale of the property of the person subject to execution shall be delivered to the person applying for execution in a timely manner, and the execution procedure shall be concluded.
4. Search the hidden property of the person being applied for execution.
During the execution process, it will also happen that the person being applied for execution not only fails to perform the obligations specified in the legal document overdue, but also transfers the property and refuses to explain his true property status to the people's court. In response to these situations, Paragraph 1 of Article 227 of the Civil Procedure Law stipulates: "If the person subject to execution fails to perform the obligations specified in the legal document and conceals his property, the people's court has the right to issue a search warrant to search for the person subject to execution and his residence or property. Search in a concealed manner.”
During the search, if any property that should be sealed or seized in accordance with the law is discovered, the enforcement officer shall seal or seize it in accordance with the provisions of the Civil Procedure Law. If there is no time to make a sealing or detaining ruling, the sealing or detaining ruling can be made first, and then a replacement can be made within 48 hours.
5. Force the person subject to execution to deliver the property or documents specified in the legal document.
If the people's court's judgment, ruling, mediation document and other legal documents that should be executed by the court designate one party to deliver property or tickets, the execution personnel should do a good job in the ideological work of the person being applied for execution. , summon both parties to appear in court or at a designated place, and the property or tickets delivered by the person subject to execution of the legal document shall be directly delivered to the person applying for execution for signature. If the person subject to execution is unwilling to deliver the goods in person, he can also hand over the property or bills payable to the execution personnel first, and the execution personnel will hand them over. If an individual citizen other than the party concerned holds the property or bills, the people's court shall notify him or her to hand it over. If the person still refuses to hand it over after education, the people's court may enforce the law and impose a fine in accordance with Article 103 of the Civil Procedure Law. It may also recommend to the supervisory authority or relevant unit that disciplinary sanctions be imposed. If the relevant unit holds the property or ticket, the people's court shall issue a notice of assistance in enforcement to the unit, which shall be forwarded by the relevant unit. If the relevant units or individuals hold property or tickets specified in the legal document for delivery and are damaged or lost due to their fault, the people's court may order the holder to compensate. If compensation is refused, the people's court may rule on enforcement based on the actual value of the property subject to enforcement or the actual value of the instrument.
6. Force the person subject to execution to move out of the house or withdraw from the land.
Forced eviction of a house or land refers to the enforcement agency of the people's court forcing the property of the person subject to execution to be removed from the house or on specific land, vacating the house or land, and handing it over to the person applying for execution. implementation measures.
7. Enforcement of behaviors specified in legal documents.
This is a special coercive measure in which the execution personnel of the people's court force the person subject to execution to complete the specified behavior in accordance with the provisions of the legal document.
8. Mandatory double payment of debt interest and payment of delayed performance fees during the period of delayed performance.
Double payment of debt interest during the period of delayed performance means that the obligation of the person being applied for execution is to deliver money. While forcing him to perform his obligation to pay money in accordance with the law, the interest on the debt during the period of delayed performance of his obligation must be paid in the original amount. Interest on existing debts is doubled and is calculated based on the bank's highest loan interest rate for the same period, calculated from the day after the expiration of the designated delivery date of judgments, rulings and other legal documents until the date of performance of the obligation. Another situation is when the person being applied for execution fails to perform the non-monetary payment obligation within the period specified in the judgment, ruling and other legal documents. Because the delay in performance has caused losses to the person applying for execution, a delay performance fee should be paid. The amount of delayed performance damages may be determined separately by the people's court based on the specific circumstances of the case.
When the people's court issues an execution notice in accordance with Article 220 of the Civil Procedure Law, in addition to ordering the person subject to execution to perform the obligations specified in the legal document, it shall also notify the person to pay interest on the debt during the period of delayed performance or delay the performance. gold. Among these two measures, there are both compensation for losses to the person applying for execution and sanctions against the person subject to execution.
9. Mandatory procedures for transferring relevant property rights certificates. < /p>
"Relevant property rights certificates" refer to property rights certificates for real estate or specific movable property such as real estate certificates, land certificates, forest ownership certificates, patent and trademark certificates, vehicle licenses, etc. During the execution process, some properties change their rights holders after execution. Only when the transfer procedures of the property rights certificate are completed can the execution task be completely completed. When the execution personnel of the People's Court handle these license transfer procedures, they need to issue a notice of assistance in execution to the relevant units, specify the specific requirements, and notify the relevant units to assist in the processing. The relevant units have the obligation to assist in the processing. How to determine the owner of seedlings
The national Forestry Law has detailed provisions:
1. Collectively owned forests, trees and woodland shall be paid by the owner to the people at the county level where they are located. ***The competent forestry department submits a registration application, and the county-level people*** will register and issue a certificate to confirm ownership.
2. For forests owned by units and individuals, the owner shall submit a registration application to the local forestry department at the county level, and the county-level people’s government will register and issue a certificate. Verify forest ownership.
3. Units and individuals that use collectively owned forests, trees and woodland should submit a registration application to the local forestry department at the county level, and the county-level people’s government will register the use of the forestry land. Register, issue certificates, and confirm forest, tree and woodland use rights.
For details, please search for relevant laws and regulations on forestry. You can also consult with the local forestry management department. I hope it will be helpful to you! House purchase explanation: How to determine the owner of the house?
Reader Mr. Zhao wrote that he is a foreigner and bought a commercial house in Tianjin four years ago. At that time, the son of Mr. Wang, a fellow villager, wanted to go to Tianjin. High school students need to apply for a Tianjin blue seal household registration. In order to help fellow villagers, Mr. Zhao signed a "Commercial Housing Sales Contract" with the developer in the name of Mr. Wang. Finally, the house was registered in Mr. Wang's name, and Mr. Zhao paid the full payment for the house. The "Commercial House Sales Contract", the house ownership certificate, and the house purchase invoice are all in the hands of Mr. Zhao, and Mr. Zhao has always lived in the house. Recently, the Zhao and Wang families had a conflict. Mr. Wang refused to admit that the house was purchased by Mr. Zhao. He believed that the house registered in his name belonged to him, and demanded that Mr. Zhao move out of the house and sell the house. Mr. Zhao was very disturbed by this and asked the lawyer, who does the house belong to? What should Mr. Wang do if he sells the house to someone else?
Regarding this question, lawyer Zhang Ximing from Tianjin Zhonglei Law Firm answered the question of signing a contract and applying for a real estate certificate in the name of another person
In real life, due to various reasons, there will be cases where The registered property owner is inconsistent with the actual investor and purchaser, resulting in property rights disputes that continue to occur.
Here we must first clarify that the legal property owner is the concept of real estate owner. Article 9 of my country’s Property Law stipulates: The establishment, change, transfer and elimination of real estate property rights shall be effective after being registered in accordance with the law; without registration, shall have no effect unless otherwise provided by law. Article 17 stipulates: The real estate ownership certificate is proof that the obligee enjoys the property rights of the real estate. Combining the above two items, my country’s property rights law is very clear in determining the owner of real estate, that is, the right holder registered on the ownership certificate is deemed to be the owner of the real estate. In this case, although the disputed house was purchased by Mr. Zhao, and Mr. Zhao holds all certificates and invoices related to the house, since the house is registered in the name of Mr. Wang, Mr. Wang’s name will also be on the house ownership certificate. Since this kind of house registration has the legal effect of social publicity and public trust, the public has reason to believe that the right holder registered on the ownership certificate is the property owner of the real estate, and thus conduct transactions with the registered right holder. Therefore, if Mr. Wang sells the house to others, the law considers that the rights obtained by the third party from the transaction after paying a reasonable consideration are acquired in good faith and should be protected.
So, how are Mr. Zhao’s legal rights and interests protected? Relevant laws not only determine rights, but also stipulate remedies for defects in rights. Article 19 of the Property Law stipulates: If the obligee or interested party believes that the matters recorded in the real estate registration book are wrong, they may apply for correction of registration. If the right holder recorded in the real estate registration book agrees in writing to the correction or there is evidence to prove that the registration is indeed wrong, the registration agency shall make the correction. If the right holder recorded in the real estate registration book does not agree to the correction, the interested party may apply for objection registration. If the registration agency registers an objection, if the applicant does not file a lawsuit within fifteen days from the date of registration of the objection, the registration of the objection will become invalid. If improper registration of objection causes damage to the right holder, the right holder may request damages from the applicant. Article 33 of the "Property Rights Law" stipulates: When there is a dispute over the ownership and content of property rights, interested parties may request confirmation of rights. This shows that the registration of real estate property rights does not have absolute probative effect, and the matters recorded in the real estate registration book can also be overturned. In this case, when Mr. Zhao encountered the above situation, he should immediately take remedial measures, bring relevant evidence to the housing registration department to register objections, and then file a rights confirmation lawsuit with the court with jurisdiction within 15 days. The case will be accepted. Notify the real estate registration department to prevent Mr. Wang from transferring the house or making other changes, so as to confirm the real owner of the house. If Mr. Zhao's house has been transferred and the transfer registration procedure has been completed before the objection is registered, and the transferee has obtained the house through legal channels and paid a reasonable price, then the system of acquisition in good faith will apply, and the ownership of the house belongs to the transferee. Mr. Wang can only ask Mr. Wang to compensate for the loss of his house. House owners,
No, they will be fined by the public security.
How to determine the real estate owner and the most entitled person
1. The difference between the house owner and the most entitled person
1. House The owner refers to the owner of the house rights and has the right to transfer, donate and other disposal rights to the house.
2. The ownership of a house refers to the rights and obligations that two or more citizens or legal persons jointly own the house. The owner of the house includes the license holder and the owner. The holder refers to who holds the ownership certificate of the house. Regardless of whether the house is owned individually or jointly, there is only one title certificate, so there must be a certificate holder. ***Every owner of a house can be called ***owner, but there is only one certificate holder. If there is an owner of the house, then all the owners of the house need to be present and sign at the same time to dispose of the house.
3. There are generally two types of privately owned houses: "owned by share" and "owned by one person". "***Owner by share" means that the owner of the house shares rights and assumes obligations for the house owned by *** according to their respective shares of the house; "***owns with ***" means that the owner of the house shares Have house-sharing rights and obligations to ***. The owner of the house has the right to protect the rights of the owner.
4. Husband and wife share the same ownership rights to the house. Unless there is a special agreement, they both enjoy the rights and assume the obligations of the house without dividing their shares. There is no difference in the income and disposal rights of the house between the husband and wife.
2. Legal provisions related to house owners and persons with legal rights
Article 39 of the "Property Rights Law": Owners shall enjoy the right to possess, possess and possess their own real estate or movables in accordance with the law. Rights of use, proceeds and disposal.
Article 40 The owner has the right to establish usufruct rights and security interests in his or her real estate or movable property. Usufruct holders and security holders shall not infringe upon the rights and interests of the owner when exercising their rights.
Article 71 of the General Principles of Civil Law Property ownership refers to the owner’s right to possess, use, benefit from and dispose of his own property in accordance with the law.
Article 72 Acquisition of Ownership The acquisition of property ownership shall not violate legal provisions. If property is acquired in accordance with a contract or other legal means, the ownership of the property will be transferred from the time the property is delivered, unless otherwise provided by law or otherwise agreed by the parties.
Article 75 Citizens’ personal property Citizens’ personal property includes citizens’ legal income, houses, savings, daily necessities, cultural relics, books and materials, forests, livestock and means of production permitted by law to be owned by citizens, as well as Other legal property.
Citizens’ legal property is protected by law, and any organization or individual is prohibited from misappropriating, robbing, confiscating, or illegally sealing, detaining, freezing, or confiscating.
Article 78 Property Ownership Property may be owned by more than two citizens or legal persons.
***There are divided into ***by portions and ***with the same ***. According to shares, people have property rights and obligations to share property according to their respective shares. *** and *** have rights and obligations to ***'s property.
Everyone who owns property in shares has the right to request that his or her share be divided or transferred. However, at the time of sale, other parties have the first right to purchase under the same conditions. The difference between a house owner and a person with the right to own a house
The house owner refers to the owner of the house rights and has the right to transfer, donate and other disposal rights to the house.
The ownership of a house refers to the rights and obligations of two or more citizens and legal persons to jointly own the house. The owner of the house includes the license holder and the owner. The holder refers to who holds the ownership certificate of the house. Regardless of whether the house is owned individually or jointly, there is only one title certificate, so there must be a certificate holder. ***Every owner of a house can be called ***owner, but there is only one certificate holder. If there is an owner of the house, then all the owners of the house need to be present and sign at the same time to dispose of the house.
There are generally two types of houses owned by ***: owned by shares and "shared with ***". "***Owner by share" means that the owner of the house shares rights and assumes obligations for the ***owner's house according to their respective shares of the house; "***owns with ***" means that the owner of the house shares Have house-sharing rights and obligations to ***. The owner of the house has the right to protect the rights of the owner. If the actual owner of the vehicle is inconsistent with the nominal owner, in whose name should the lawsuit be filed?
1. Introduction to the case
The plaintiff Liu Moumou did not apply for a Shenzhen residence permit because he did not have a residence permit in Shenzhen. Therefore, he was unable to purchase a vehicle in his own name and go through a series of procedures such as registration, tax payment, and insurance. Therefore, he made a verbal agreement with his fellow villager Zhang Moumou to purchase a Toyota Camry sedan in his name, and handle vehicle registration and tax payment in his name. , insurance and other procedures. The car purchase price, taxes, insurance premiums and other expenses are all borne by Liu Moumou himself. After the plaintiff Liu's Shenzhen residence permit was obtained, the defendant Zhang refused to assist in transferring the vehicle to the plaintiff Liu's name, and even claimed that the car belonged to him. In desperation, Liu Moumou approached my lawyer and asked to help him recover the vehicle.
2. Legal analysis
According to the law, the vehicle owner registered on the vehicle driving license is not a confirmation of ownership, but is only a registration carried out by the vehicle management department for the convenience of management. When it comes to vehicle ownership confirmation, the registered registrant of the vehicle management department has the effect of legally presuming ownership. However, when there is evidence that the registration status is inconsistent with the actual status, the right holder can deny the ownership status recorded in the registration and re-confirm the ownership of the property in accordance with legal procedures.
3. Judgment result
The judgment result is of course as expected. It is confirmed that the vehicle involved in the case belongs to the plaintiff Liu Moumou, and the defendant Zhang Moumou should assist within 10 days from the date of the judgment taking effect. The plaintiff Liu went through the vehicle transfer procedures.
4. Lawyer’s advice
In real life, there are many cases where some property is registered in the name of others for some reason. If there is no clear agreement in advance, it will be easy to do so afterwards. A dispute occurs. Therefore, when registering some property in the name of another person, you must sign a written agreement with the other party, clearly stipulate the relevant rights and obligations, and agree on the liability for breach of contract in the event of a breach of contract. In this way, once the other party breaches the contract, the other party can be held liable for breach of contract according to law. When the owner dies*** does anyone have direct ownership?
Lvda.com:
If one party dies in the house, the other party cannot directly own the house and other heirs need to reach consensus. Only then can the property be transferred to the name of one party, and the surviving party owns the property ownership.
"Succession Law of the People's Republic of China"
Article 26 The property acquired by the husband and wife during the marriage relationship shall be the same as all the property, unless otherwise agreed Otherwise, if the estate is divided, half of the property owned by the spouse should be divided first among the spouses, and the rest should be the inheritance of the deceased.
If the inheritance is among the family's most owned property, when the inheritance is divided, the property of others should be divided first.