I have a question that I hope to be answered as follows: Mr. A has to pay Mr. C an amount of 500 million dong. Mr. A does not voluntarily execute the judgment. The judgment enforcement agency has determined that Mr. and Mr. A. Mr. C filed a lawsuit to request the Court to determine the part of property ownership and Mr. A's land use right in the common property. After accepting the case, the People's Court of District H issued a decision to suspend the settlement of the case on the grounds that Mr. C did not have sufficient conditions to initiate a lawsuit. So, is this suspension decision of the People's Court of District H correct? Thank you!
Article table of contents
How is the right to request judgment enforcement regulated?
Pursuant to Article 7 of the 2008 Amended Civil Judgment Execution Law (amended by Clause 4, Article 1 of the 2014 Amended Civil Judgment Execution Law) stipulates the rights of judgment creditors as follows:
- Request for judgment enforcement, suspension of execution of part or the whole of judgments or decisions, application of security measures, application of measures to enforce judgments specified in this Law;
- To be notified of judgment enforcement;
- To reach an agreement with the judgment debtor and the person with related interests and obligations on the time, place, method and contents of judgment enforcement;
- Request the court to determine and divide the right to own and use property; request the Court to explain unclear points, correct spelling errors or incorrect data; initiate civil lawsuits to protect their legitimate rights and interests in the event of a dispute over property related to judgment enforcement;
- By themselves or authorizing others to verify and provide information about judgment debtors' conditions for judgment enforcement;
- Not bear the cost of verifying judgment execution conditions performed by enforcers;
- Requesting the change of enforcers in case there are grounds to believe that enforcers are not impartial when performing their duties;
- Authorize others to perform their rights and obligations;
- Transfer of the right to execute judgment to another person;
- To be exempted or reduced from judgment enforcement fees in case of providing accurate information on judgment execution conditions of judgment debtors and in other cases as prescribed by the Government;
- Complaints and denunciations about judgment enforcement.
According to the above provisions, civil judgment creditors have the right to initiate civil lawsuits to protect their lawful rights and interests in case there is a dispute over property related to judgment enforcement.
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The court shall issue a decision to terminate the settlement of the case for the case where the land has not yet been coerced for judgment enforcement in Vietnam
What are the regulations on identification, division and handling of common property for judgment enforcement?
Pursuant to Article 74 of the 2008 Amended Civil Judgment Execution Law (amended by Clause 31, Article 1 of the 2014 Amended Civil Judgment Execution Law) stipulates as follows:
- In case the portion of property ownership rights and land use rights of the judgment debtor has not yet been determined in the common property for judgment enforcement, the enforcer must notify the judgment debtor and other persons who have not yet determined the portion of the property ownership rights and the land use rights of the judgment debtor. have common ownership rights to property, the right to use land know so that they can agree on division of common property or request the Court to settle according to civil procedures.
- After 30 days from the date of receipt of the notice, if the parties do not reach an agreement or the agreement violates the provisions of Article 6 of this Law, or the agreement cannot and does not request the Court to settle, then comply with the provisions of Article 6 of this Law. The officer notifying the judgment creditor has the right to request the court to determine the portion of the property ownership rights and the land use right of the judgment debtor in the common property according to civil procedures.
- After 15 days after receiving the notice, if the judgment creditor does not request the court to settle, the enforcer shall request the court to determine the portion of property ownership and land use rights of the judgment creditor. judgment debtors in the common property according to civil procedures.
Enforcers handle assets according to court decisions.
How do civil disputes fall under the jurisdiction of the Court?
Pursuant to subsection 1, Section IV of Official Letter 02/TANDTC-PC in 2021, in this case, the civil judgment enforcement agency has only determined that Mr. with assets attached to the land but has not yet carried out the notification procedures as prescribed in Clause 1, Article 74 of the Law on Civil Judgment Execution, Mr. C (the judgment creditor) has initiated a lawsuit to request the Court to determine the Property ownership rights, the portion of land use rights of the judgment debtor in the common property are not eligible for lawsuits. Therefore, the People's Court of District H issued a grounded decision to suspend the settlement of the civil case.
Khanh Linh
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