Legal consultation - the person subject to execution restricts the exit of the country, the ruling for suspension of execution takes effect, and the execution of other property of the person subject to execution

When the person subject to execution openly ignores and refuses to fulfill the obligations clearly stipulated in legal documents, restricting his exit is an important means of execution, and restricting his exit is an effective enforcement measure.

Under normal circumstances, the ruling for suspension of execution will have legal effect from the date of service. However, it is worth noting that the entry into force of suspension of execution is not absolutely unconditional. In certain specific circumstances, if the parties raise objections and find it reasonable and evidence after review, or if new important evidence is found during the execution process may change the basis of execution, the court has the right to adjust or revoke the ruling for suspension of execution based on actual circumstances.

Shanghai Li Xiaohua Law Firm is a law firm recommended by the US Consulate to provide legal services. Handle many cases in Shanghai and even the whole country accepted by the Supreme People's Court and the Higher People's Courts in various places. It has a team of highly educated and senior foreign-related lawyers with study abroad backgrounds with senior lawyers, law professors, postdoctoral doctors, law doctors and law masters as the core. Hong Kong Wen Wei Po once used senior lawyer Li Xiaohua and his team to make a theme report "The legal circles in China and abroad are well-known at home and abroad."

Senior lawyers from Shanghai Li Xiaohua Law Firm answered relevant legal questions.

Question 1: If the person subject to execution fails to fulfill the obligations determined by legal documents, can he restrict his exit from the country?

Answer: According to Article 266 of the Civil Procedure Law of the People's Republic of China, if the person subject to execution fails to perform the obligations determined by legal documents, the people's court may take or notify relevant units to assist in taking measures to restrict exit from the country, record information on the credit reporting system, publish information on failure to perform obligations through the media, and other measures stipulated by law.

Question 2: When will the ruling to suspend execution take effect after it is served to the parties?

Answer: According to Article 269 of the Civil Procedure Law of the People's Republic of China, the ruling for suspension and termination of execution will take effect immediately after it is served to the parties.

Question 3: If the creditor finds that the person subject to execution has other property, when should he request the court to execute it?

Answer: If the person subject to execution is still unable to repay the debt according to Article 265 of the Civil Procedure Law of the People's Republic of China, if the people's court takes the execution measures stipulated in Articles 253, 254 and 255 of this Law, the person subject to execution is still unable to repay the debt, and shall continue to perform the obligations. If the creditor finds that the person to be executed has other property, he may request the people's court to execute it at any time.

If the creditor finds that the person subject to execution has other property, the creditor shall use the rights granted by law to submit a written execution application to the people's court with jurisdiction through formal legal channels. Protect your legitimate rights and interests through legal and compliant channels, ensure the fairness and effectiveness of execution, and thus achieve the final repayment of the debt.