20 19 objective questions of law examination: 5.29 indefinite multiple-choice questions of "executive procedure"

Indefinite multiple choice questions in "executive procedure"

(2)

Xingyuan Company signed a steel sales contract with Guo, and agreed in writing that all disputes in this contract shall be arbitrated by China International Economic and Trade Arbitration Commission. After Xingyuan Company paid an advance payment of 6,543,800 yuan, Guo failed to perform the contract according to law. Guo did not return the advance payment, Xingyuan Company filed an arbitration request for returning the payment, and the arbitration tribunal applied a summary procedure to hear the case and ruled to support the request.

Because Guo refused to perform the award, Xingyuan Company applied for compulsory execution. Guo can't return 6,543,800 yuan in cash, but he can collect some calligraphy and paintings to provide execution guarantee. After the expiration of the guarantee period, Guo is still unable to repay the loan. When the court was preparing to execute the batch of calligraphy and paintings, Zhu raised an objection to the court, claiming that he was the owner of these calligraphy and paintings, and Guo only kept them on his behalf.

Please answer the question 1 ~ 3 according to the above materials:

1. In this case, Guo refused to perform the debt, and the correct enforcement measures taken by the court were: (20 13/ 3 /98)

A. decided to restrict Guo Fei's flight ex officio.

B. Ask Guo to report the current property situation.

C. force Guo to pay double the interest on the debt during the delay in performance.

D. According to Guo's application, issue a performance notice to the Jin Kang company that is in arrears with Guo's payment.

2. If the court approves Guo's application for enforcement guarantee and rejects Zhu's objection, the following options about the effectiveness and relief of enforcement guarantee are correct: (20 13/ 3 /99)

A. after the execution of the guarantee is approved, the execution shall be terminated.

B after the expiration of the guarantee period, Guo still can't pay off the debt, and the court can resume execution according to the application of Xingyuan Company.

C. After resumption of execution, calligraphy and painting as mortgaged property can be executed.

D. After the resumption of execution, calligraphy and painting can be executed, and other properties of Guo Can can also be executed.

3. Regarding Zhu's objection and handling, the following options are correct: (2013/100)

A. Zhu should raise an objection in writing.

B. During the examination of objections, the court may take preservation measures and disciplinary measures against paintings and calligraphy, without stopping their execution activities.

C. If Zhu refuses to accept the ruling of rejecting the objection, he may file a complaint of objection to the execution target.

D if Zhu refuses to accept the ruling rejecting the objection, he may apply for a retrial.

Please see the next page for the answer analysis.

Answer analysis

1. Test center implementation measures

Answer ABCD. Analysis: The first paragraph of Article 1 of the Provisions of the Supreme People's Court on Restricting the High Consumption of Executed Persons stipulates? If the person subjected to execution fails to fulfill the payment obligation specified in the effective legal document within the period specified in the execution notice, the people's court may restrict his high consumption? . Article 3 of the Supreme People's Court's Regulations on Restricting the High Consumption of Executed Persons stipulates? If the person subjected to execution is a natural person, after taking measures to restrict consumption, he shall not commit the following acts of high consumption and unnecessary consumption: (1) When taking a means of transportation, he shall choose a cabin above the second class of an airplane, train or ship; (two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; (three) the purchase of real estate or new construction, expansion, high-grade decoration of housing; (four) leasing high-grade office buildings, hotels, apartments and other places to work; (5) Purchasing non-essential vehicles; (6) tourism and vacation; (seven) children attending private schools with high fees; (8) Paying high premiums to purchase insurance wealth management products; (9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains. If the person subjected to execution is a unit, the person subjected to execution, its legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not carry out the acts specified in the preceding paragraph after taking measures to restrict consumption. Anyone who uses personal property for private consumption to commit the acts mentioned in the preceding paragraph may apply to the enforcement court for enforcement. If it is verified by the executive court, it shall be allowed? . Article 4 of the Supreme People's Court's Regulations on Restricting the High Consumption of Executed Persons stipulates? To limit high consumption, the executor of the application generally submits a written application, which is examined and decided by the people's court; When necessary, the people's court may decide ex officio. . In this case, the court decided ex officio that it was legal and well-founded to restrict Guo from flying. Item A is correct and elected.

Article 241 of the Civil Procedure Law stipulates? If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property situation and the property situation one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detain the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible? . If the person subjected to execution fails to perform the obligations specified in the legal documents, it shall report the current property status and the property status one year before the date of receiving the notice of execution. Therefore, it is correct for the court in this case to ask Guo to report the current property situation. Item b is correct and elected.

Article 253 of the Civil Procedure Law stipulates? If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the time limit specified in the judgment, ruling or other legal documents, he shall pay a late fee? . Therefore, in this case, the court ruled that Guo doubled the debt interest during the delay in performance, which had a legal basis. Item C is correct and elected.

Article 50 1 of the Interpretation of Civil Procedure stipulates? When the people's court enforces the creditor's rights due from others, it may order to freeze the creditor's rights and notify others to perform them to the applicant. 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 creditor's rights due as determined by effective legal documents? . If the person subjected to execution is unable to pay off his debts, but enjoys the creditor's rights against a third person, the people's court may, upon the application of the application executor, notify the third person to perform his debts to the application executor. According to item D, the person subjected to execution Guo has creditor's rights to Jin Kang Company. Therefore, according to Guo's application, the court can issue a notice of performance to the Jin Kang company that is in arrears with Guo's payment. Item d is correct and elected.

So choose ABCD for this question.

2. Test center execution guarantee

Answer the CD. Analysis: Article 23 1 of the Civil Procedure Law stipulates? In the process of execution, the person subjected to execution provides a guarantee to the people's court, and the people's court may decide to suspend execution and the suspension period with the consent of the applicant for execution. If the person subjected to execution fails to perform within the time limit, the people's court has the right to enforce the property guaranteed by the person subjected to execution or the property of the guarantor? . Error a, not elected.

Article 471 of the Interpretation of Civil Procedure stipulates? If the people's court decides to suspend execution and the person subjected to execution still fails to perform his obligations at the expiration of the time limit, 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? . Therefore, in this case, Guo is still insolvent after the expiration of the guarantee period, and the court can directly execute the property provided by Guo without the application of Xingyuan Company. Error b, not elected.

According to Article 231 of the Civil Procedure Law and Article 471 of the Interpretation of Civil Procedure, after the resumption of execution, the property of the guarantor and the property of the guarantor belong to the scope of executable property. In this case, the property of the person subjected to execution and the guarantor belongs to the same person, so after the resumption of execution, both calligraphy and painting can be executed, and other properties of Guo Can can also be executed. C and d are correct and elected.

So, choose CD for this topic.

3. The examination center executes objection litigation.

Answer AC. Analysis: Article 227 of the Civil Procedure Law stipulates? In the process of execution, if the outsider raises a written objection to the execution target, the people's court shall conduct an examination within 15 days from the date of receiving the written objection, and if the reason is established, it shall order to suspend the execution target; If the reason cannot be established, the ruling shall be rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may bring a lawsuit to the people's court within 15 days from the date when the ruling is served? . Item A is correct and elected.

Paragraph 2 of Article 7 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (Trial) stipulates that. During the period of review, property may be sealed up, detained or frozen, but no punishment shall be imposed. Should the ongoing disciplinary measures be stopped? . Therefore, in this topic, the court does not stop its execution activities during the objection review, and can take preservation measures for calligraphy and painting, but it shall not be punished. Error b, not elected.

Zhu objected to the calligraphy and painting, claiming his own ownership of the calligraphy and painting, and the case in the original trial belongs to the steel sales contract dispute between Xingyuan Company and Guo, so the objection of the outsider has nothing to do with the original judgment, and Zhu can lodge an objection complaint instead of applying for retrial. Item C is correct and elected. D error, not elected.

Therefore, this question chooses AC.

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