1. There is a dispute between Li and Lai for borrowing money. Later, under the organization of the court, the two sides reached a mediation agreement, and agreed that the mediation agreement would become legally effective after it was signed by both parties. Lai also said that he could pay off the loan within 24 hours. Later, Lai did not fulfill the repayment obligation in time as agreed, and Li applied to the court for a reissue of the civil mediation. After examination, the court reissued a civil mediation agreement to Li according to the mediation agreement signed by both parties, but Lai had disappeared at this time. Which of the following statements is wrong about this case?

A. the conciliation statement shall take effect when it is served by the court.

B. the court will take effect when the conciliation statement is delivered.

C. the court shall make a judgment by default in time.

D. the court shall order the termination of the proceedings.

Reference answer

1. Entry into force and delivery of conciliation statement in the examination center

Difficulty

Answer ABCD

Analysis: Mediation can't be served by lien or announcement. A and B were wrong and elected.

The first paragraph of Article 98 of the Civil Procedure Law stipulates four situations in which the people's court may not make a conciliation statement after reaching a conciliation agreement, namely, cases of divorce after conciliation, cases of maintaining adoption after conciliation, cases that can be performed immediately and other cases that do not need to make a conciliation statement. It can be seen that after the two parties reach a mediation agreement, there is no need to make a mediation agreement. In this issue, Lai promised to fulfill the repayment obligation within 24 hours, and both parties agreed that the mediation agreement would become legally effective after it was signed by both parties, and there was no need to make another mediation document. In this case, the court cannot make a conciliation statement. Article 151 of the Interpretation of Civil Procedure stipulates? According to Item 4, Paragraph 1, Article 98 of the Civil Procedure Law, if the parties agree to sign or seal the conciliation statement, it will become legally effective. After examination and confirmation by the people's court, it shall be recorded in the written record or attached to the conciliation statement, and it shall become legally effective after being signed or sealed by the parties, judges and clerks.

In the circumstances specified in the preceding paragraph, the people's court may make a conciliation statement and send it to the parties after examination and confirmation. If the parties refuse to accept the mediation agreement, the validity of the mediation agreement will not be affected? . In this topic, after the mediation agreement between Lai and Li Dacheng is signed, its performance obligations are determined by the mediation agreement. Later, the re-issued mediation document only reconfirmed the rights and obligations of both parties in a more formal form, and refusing to accept the mediation document could not prevent the legal effect from happening. To sum up, both parties agree that the mediation agreement will become legally effective after it is signed, and the lawsuit will be terminated without making a default judgment or ordering the lawsuit to be terminated. C and d are wrong and elected.

So choose ABCD for this question.