According to Article 230 of the Civil Procedure Law, if the two parties reach an agreement through self-reconciliation, the executor shall record the contents of the agreement in the record, which shall be signed or sealed by both parties.
If the application executor reaches a settlement agreement with the person subjected to execution due to fraud or coercion, or both parties fail to perform the settlement agreement, the people's court may resume the execution of the original effective legal document upon the application of the parties.
Extended data:
The principle of implementing the case to reach a settlement:
1. The settlement agreement must be reached by both parties voluntarily.
If the principle of voluntariness is violated, not only is it difficult to reach a settlement agreement, but even if a settlement agreement is barely reached, its foundation is not solid, and the parties may go back on their words and cancel the agreement reached at any time.
2. The content of the settlement agreement must comply with laws and policies.
Although reconciliation is a voluntary behavior of the parties in the process of implementation, it involves the disposition of the litigation rights and substantive rights of both parties, so it should be limited by the principle of disposition in China and must be based on compliance with laws and policies. Otherwise, even if both parties are sincere, their settlement agreement will be invalid.
If the parties to a case reach a settlement agreement, the executor shall record the contents of the agreement in a record, which shall be signed or sealed by both parties. The people's court shall examine the implementation of the settlement agreement, and once the settlement agreement is confirmed or recognized, it will have certain effect.
Once the settlement is established, the rights and obligations between the two parties can be redefined or adjusted. Through the settlement agreement, both parties have changed the content and payment method determined in the original execution document, and then re-determined or adjusted the rights and obligations of both parties, and both parties will exercise their rights and perform their obligations in accordance with this agreement.