Once one spouse is forced to enforce the law by the court, the other spouse is very worried that it will implicate themselves. Article 17 of the Marriage Law stipulates that the wages and bonuses earned by husband and wife during the marriage relationship belong to the husband and wife jointly and are joint property of the husband and wife. The other party of the husband and wife enjoys half of the rights. Therefore, they are worried that the court will enforce their own wages and bonuses. bonus.
However, the court’s compulsory execution is based on effective legal documents (common enforcement bases such as civil judgments and civil mediation documents). This sentence means that the effective legal documents stipulate who bears responsibility. When enforcing the debt, the court will only enforce the property of the person responsible. If the effective legal document does not rule that the other spouse is responsible or the judgment does not clearly identify the debt as a joint debt of the couple, the court cannot enforce the property of the other spouse. Salaries and bonuses are paid directly by the unit to the individual. There is no legal basis for the court to enforce half of this part of the salary and bonuses.
Some people may think that the other spouse of the spouse should be added as the person subject to execution during the execution procedure. However, according to the current laws of our country, there is no provision to directly add the spouse of the person subject to execution as the person subject to execution. The court cannot arbitrarily add the spouse of the person subject to execution as the person subject to execution to prevent infringement of the legitimate rights and interests of persons outside the case. If the execution procedure does not resolve the dispute, if you want to add the spouse of the person subject to execution as the person subject to execution, the applicant can apply for the court to enforce the relevant property of the spouse after obtaining the basis for execution against the spouse of the person subject to execution through litigation. .
However, there is a special situation. If the property belongs to the husband and wife, the court can enforce the execution of the house. The court will auction the property owned by the couple and enforce half of the auction price belonging to the husband. , the remaining half of the auction money will be returned to the spouse of the person subject to execution. This situation will affect the residence of the person subject to execution, but in fact the court still enforces the execution of the property of the person subject to execution.
So if the husband is forced to execute the law by the court, it will have almost no impact on the wife. Nowadays, there are many examples of people who are forced to restrict high consumption because they become persons subject to execution. Although compared with being unable to be a legal person or being a shareholder, restricting high consumption is more common and ordinary, and may not cause particularly great inconvenience to people. But when we really get to that point, the sky and the earth really become inoperable. For example, you are in a hurry to get home. Because you are restricted from high consumption, you cannot take high-speed trains or high-speed trains, so you can only choose a green car. The trip home will take you three to five hours, but it will be stretched to a day and a night; You cannot choose a star-rated hotel when you go out, and all your enjoyment will be weakened.
A few days ago, Luo Yonghao took a 17-hour drive from Beijing to Shanghai to receive his award because he was restricted from spending too much. On December 16, Luo Yonghao won the "Amazing Worker" award. The organizer joked that the venue was specifically chosen in Beijing because of Luo Yonghao's height limit. Luo Yonghao said that after negotiating with the other party, the height limit order had been lifted. He also revealed that in order to pay off his debts, he worked 105 hours a week, killing workers for the boss's sake.
There are two ways to become a person subject to execution. One is that the creditor takes the initiative to list the debtor as a person subject to execution. If the applicant believes that the person subject to execution meets the conditions for breach of trust, he can apply to the People's Court to list the debtor as a person subject to execution. He was included in the blacklist of dishonest persons subject to execution. The application needs to state the application matters, facts and reasons; one is that the court decides that the debtor is to be enforced. Theoretically, if the court fails to enforce the law and finds that the person subject to enforcement meets the conditions for dishonest behavior, the people's court should proactively blacklist the person subject to enforcement for dishonesty. If the person subject to execution applies to lift the blacklist, the execution judge will seek the opinions of the execution applicant. Therefore, if you want to revoke the published list, you not only need to reach a settlement agreement, but also have to negotiate with the applicant in advance about revoking the list, so that it can be revoked immediately. . After reaching a settlement agreement, or if the person subject to execution has fulfilled his obligations in the settlement agreement, the people's court shall revoke the information released by the person subject to execution within 3 days. This is how Luo Yonghao’s height restriction order will most likely be revoked.
On the "Talk Show" program, Lao Luo said that from the 600 million yuan in debt owed to the bank at the end of 2018, nearly 400 million yuan has been repaid so far, and it is predicted that it will be repaid in more than a year. clear.
Later, in a reply on Weibo, he said that what he owed the bank was just for the effect of his talk show. In fact, he actually owed the bank 100 million and had already paid it off. In fact, in order to repay the money, Lao Luo signed a contract with Douyin to sell goods live, appeared in the "Talk Show" variety show, endorsed the Three Kingdoms mobile game, and tried all the channels that can make money. Luo Yonghao also teased himself that after all his debts are really paid off, he may make a documentary to record this life experience. The documentary will be called "True Return".
The matter of making a documentary seems to be a self-deprecating statement, but it is more about the helplessness of the identity of the person being executed, because this identity may only be truly understood by the public through self-mockery. . Ever since Luo Yonghao's live broadcast, there have been constant topics. Such hard work may have something to do with the identity of the person being executed.
Restrictions on employment
If the defaulter is a natural person, he shall not serve as the legal representative, director, supervisor, senior manager, etc. of the enterprise. Restrictions on engaging in specific industries or projects include: restrictions on establishing financial companies, restrictions on issuance of bonds, restrictions on qualified investor quotas, restrictions on equity incentives, restrictions on stock issuance or listing transfer, restrictions on establishing social organizations, participating in government investment projects, or mainly using fiscal funds. Project restrictions, etc. In addition, they are also restricted from serving as executives of state-owned enterprises, legal representatives of public institutions, executives of financial institutions, heads of social organizations, recruitment (employment) as public servants, party representatives, people's congress representatives and members of the Chinese People's Political Consultative Conference, and are restricted from joining the party or being evaluated as party members. Excellent, enlisted in the army, etc.
Preferential policies are restricted
Those who are dishonest will be subject to strict restrictions in obtaining government subsidies, as well as in approving investment, import and export, technology and other policy support.
Special market transaction restrictions
Restrictions in this area include: restrictions on engaging in real estate transactions, state-owned asset transactions, restrictions on the use of state-owned forest land, restrictions on the use of grassland, restrictions on the use of other state-owned natural resources, etc. It also restricts the bidding activities of bidders, bidding agencies, bid evaluation experts and other bidding practitioners.
Children will also be subject to restrictions
Under normal circumstances, parents’ debts have little to do with their children, but in essence, they will definitely affect their children’s living standards. If parents fail to repay their debts, are overdue for too long, and fail to repay their debts after being enforced by the court, and become dishonest persons subject to enforcement, then their children's schooling and travel will be affected.
On December 14, an account certified as the girl’s grandfather in the “9-year-old Lao Lao case” made a statement on the Internet: In 2012, the biological father of the girl Chen Man (pseudonym) was killed due to gambling debts. He killed her biological mother and grandmother and was later sentenced to death. After his father killed his wife, he planned to sell the house, but after the buyer Wang paid 550,000 yuan for the house, the house was not transferred. In November 2020, after the court ruling, an order was issued to the girl to restrict high consumption. This matter attracted the attention of netizens. The court later pointed out that "issuing a consumption restriction order to minors is not in line with the spirit of relevant legislation and the concept of good faith and civilized execution, and is wrong." At present, the court has lifted the consumption restriction order in accordance with the law and sincerely apologized to the parties and netizens for this mistake.
Although it is indeed inappropriate to issue a height restriction order to a 9-year-old girl, it can also be seen from the side that becoming the person subject to execution will not only be restricted, but the quality of life of the family will also be greatly reduced. If possible, it is recommended that business owners run their own businesses well. If there are difficulties, do not take it upon yourself. Instead, you can seek cooperation with some professional business service agencies in the market, from initial company registration and agency accounting to risk control when the business is complicated. You can get professional guidance from the market in terms of tax planning and contracts, so as to avoid the company's ability to pay due to performance issues such as contracts and orders from being included in the blacklist of persons subject to execution and then going downhill. Tax planning helps your business thrive.