Traditional Culture Encyclopedia - Hotel franchise - Will the court agree to check the hotel records?
Will the court agree to check the hotel records?
Generally speaking, it will not be checked, but if the court is looking for the person to be executed, it can check the hotel records to ensure the execution. If you want to check, the applicant can apply to the court for an investigation order, but the court will generally not agree to investigate the other party's room opening record, because this situation involves personal privacy and has little to do with the case, even if it is a divorce case.
Court? Can I retrieve hotel records in some cases? , but usually do not take the initiative to conduct such investigations because it involves personal privacy. The following are the details:
According to the Civil Procedure Law of People's Republic of China (PRC)? The people's court shall investigate and collect evidence that the parties cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. This means that if the parties can't get concrete evidence, or the evidence is crucial to the case, the court can and will investigate.
Hotel records are usually regarded as personal privacy. Therefore, unless criminal cases or other major legal procedures are involved, the courts usually do not interfere with the retrieval of such private information.
When applying to the court for obtaining hotel records, the applicant needs to provide more detailed clues, including the name of the hotel and the approximate time period. And need to prove that this information is directly related to the case. If the application is accepted by the court, the applicant may need to apply to the court for an investigation order.
To sum up, it is Bian Xiao's answer to whether the court agrees to check the hotel records, and I hope it will help you.
legal ground
Article 242nd of the Civil Procedure Law: If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
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