According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 11 of the Civil Law of People's Republic of China (PRC),/kloc-citizens over 0/8 years old are adults, with full capacity for civil conduct, and can conduct civil activities independently. A citizen who has reached the age of 16 and is under the age of 18 and whose main source of livelihood is his own labor income is regarded as a person with full capacity for civil conduct.
According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 12 of the Civil Law of People's Republic of China (PRC), minors over the age of 10 are persons with limited capacity for civil conduct and can engage in civil activities appropriate to their age and intelligence. Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives. Minors under the age of 10 are persons without capacity for civil conduct, and their legal representatives act as agents in civil activities.
According to Article 13 of the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC), a mental patient who can't identify his own behavior is a person without capacity for civil conduct, and his legal representative acts as an agent for civil activities. Mental patients who can't fully recognize their own behavior are people with limited capacity for civil conduct and can carry out civil activities that are suitable for their mental health; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives.
According to Article 14 of the General Principles of the Civil Law of People's Republic of China (PRC), the guardian of a person without or with limited capacity for civil conduct is his legal representative.
Referring to Article 242nd of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution from the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances.
The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Referring to Article 244 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
Extended data
Refer to the provisions of the Supreme People's Court on the seizure, seizure and freezing of property in civil execution by people's courts.
Rule number one. When the people's court seals up, distrains or freezes the movable property, immovable property and other property rights of the person subjected to execution, it shall make an ruling and serve it on the person subjected to execution and the person applying for execution.
If the measures of seizure, seizure or freezing need the assistance of the relevant units or individuals, the people's court shall make a notice of assistance in execution and send it to the person assisting in execution together with a copy of the ruling. The ruling of sealing up, distraining and freezing and the notice of assistance in execution shall take legal effect when served.
Article 20 When sealing up, distraining or freezing the property of the person subjected to execution, the executor shall make a written record. The record shall contain the following contents:
(a) Time for the start and completion of the implementation measures;
(2) The location, type and quantity of the property;
(3) the custodian of the property;
(4) Other matters that should be recorded.
The executor and the custodian shall sign the written record, and if there are persons specified in Article 224 of the Civil Procedure Law present, the persons present shall also sign the written record.
Article 21. The property of the person subjected to execution shall be sealed up, detained or frozen to the extent that it is sufficient to pay off the amount of creditor's rights and execution expenses determined by legal documents. If the amount obviously exceeds the standard, it shall not be sealed up, detained or frozen.
If it is found that the amount exceeding the target amount has been sealed up, seized or frozen, the people's court shall, upon the application of the person subjected to execution or ex officio, promptly lift the sealing up, seizure and freezing of part of the property exceeding the target amount, except that the property is inseparable and the person subjected to execution has no other property available for execution or other property is insufficient to pay off debts.
Article 25 When the notice of attachment, seizure and freezing is delivered to the registration authority, the registration authority has accepted the application for registration of the transfer of the real estate, specific movable property and other property of the person subjected to execution, but has not approved the registration, it shall assist the people's court in execution. With the approval of the registration authority, the people's court shall not seal up, detain or freeze the property transferred by the person subjected to execution.
When the notice of attachment, seizure and freezing of assistance in execution is delivered to the registration authority, if other people's courts have delivered the notice of assistance in execution transfer registration to the registration authority, priority shall be given to the transfer registration.
Article 28. If a people's court has sealed up, seized or frozen property, other people's courts may seal up, seize or freeze it first. If the seizure, seizure and freezing are lifted, the seizure, seizure and freezing registered in advance will automatically take effect.
Where the registered property of other people's courts waiting for registration is sealed up, detained or frozen, it shall notify the relevant registration authority to assist in waiting for registration, and the people's court that sealed up, detained or frozen shall allow other people's courts to consult relevant documents and records.
If other people's courts are waiting to seal up, detain or freeze unregistered property, they shall make a written record, which shall be signed by the person subjected to execution and the person subjected to execution, or notify the people's court that sealed up, detained or frozen in writing.
Article 29. The people's court shall not freeze the bank deposits and other funds of the person subjected to execution for more than six months, seal up or detain movable property for more than one year, and seal up immovable property and freeze other property rights for more than two years. Except as otherwise provided by laws and judicial interpretations.
If the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the extension period shall not exceed half of the time limit specified in the preceding paragraph.
Article 30. If the time limit for sealing up, distraining and freezing expires and the people's court fails to go through the extension formalities, the effectiveness of sealing up, distraining and freezing shall be extinguished. If the seized, detained or frozen property has been auctioned, sold or paid off, the effectiveness of the seizure, detention and freezing shall be extinguished.
Yingshan county Municipal People's Government-General Principles of People's Republic of China (PRC) Civil Law
Beijing Municipal People's Government-People's Republic of China (PRC) Civil Procedure Law
Gaoqing county People's Court-Provisions of the People's Court on Seizure, Seizure and Freezing of Property in Civil Execution