1. What should I pay attention to when signing a settlement agreement?
When signing a settlement agreement, we should pay attention to the content of the settlement, such as whether the amount, payment method and payment period of the settlement are in line with our wishes, and secondly, we should see whether there are any clauses in the agreement that harm our rights and interests, such as not suing the matter after accepting the settlement. Pay attention to the liability clause for breach of contract. Finally, both parties signed and sealed, and attached the date.
Legal basis:
Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Implementation of Reconciliation.
The parties may reach a settlement agreement through voluntary consultation, and change the subject of rights and obligations, the object of performance, the time limit, the place and the way determined in the effective legal documents according to law. The settlement agreement is generally in written form.
"Provisions of the Supreme People's Court on Several Issues Concerning the Implementation of Reconciliation" Article 2
After the settlement agreement is reached, the people's court may order to suspend execution in any of the following circumstances:
(a) the parties submit a written settlement agreement to the people's court;
(2) One party submits a written settlement agreement to the people's court, which is recognized by other parties;
(three) the parties reached an oral settlement agreement, and the executor recorded the contents of the settlement agreement in the record, which was signed or sealed by all parties.
Second, what should I do if the settlement agreement is not fulfilled?
When the other party fails to perform the settlement agreement, it may apply to the people's court to resume the execution of the original effective legal documents.
According to the laws of our country, if one party fails to perform or fails to fully perform the settlement agreement reached by both parties voluntarily during the execution, the people's court may resume the execution of the original effective legal documents upon the application of the other party, and the fulfilled part of the settlement agreement shall be deducted.
It should be noted that the application for resuming the execution of the original legal documents should also be within the statutory time limit. The Civil Procedure Law of People's Republic of China (PRC) stipulates the time limit for applying for enforcement, which is one year for both parties or one party, and six months for both parties who are legal persons or other organizations.
The new procedural law promulgated on June 4, 2008 extended the time limit for applying for execution to two years. Provisions: "The time limit for applying for execution is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect. "
Because the original provisions in practice often make the parties who are willing to work hard to implement the judgment or ruling feel embarrassed, because it takes a long time to raise funds and the time limit for applying for enforcement is too short, which often affects the parties' automatic performance of their obligations.
In addition, many individuals or units, as creditors, often miss the time limit for applying for enforcement because they don't know much about this provision, so that their legitimate rights and interests can no longer be protected by the court through enforcement.
Therefore, in order to better safeguard the dignity of court judgments and rulings, and safeguard the legitimate rights and interests of the parties, the new regulations extend the time limit for the parties to apply for enforcement to two years, which is consistent with the time limit for litigation, regardless of individual citizens or units, which is undoubtedly a good thing for the rights-defending parties.
In practice, many parties do not understand the provisions of the Law on Execution and Resolution, especially the provisions on the time limit for applying for resumption of execution.
If, after the two parties reach an execution settlement agreement, the person subjected to execution fails to perform the settlement agreement or fails to fully perform the settlement agreement, and the applicant for execution fails to apply for resuming the execution of the original effective legal document within the statutory time limit, the substantive rights of the creditor can still be protected.
In this case, the obligee can execute the settlement agreement within the time limit not exceeding the limitation of action and solve it through litigation.
There are three main situations about whether a lawsuit can be brought after reconciliation: ordinary third-party mediation is not enforced, and a lawsuit can be brought to the court after repentance. If the arbitration institution reneges on the mediation agreement reached, it may bring a lawsuit to the people's court, request to modify or cancel the agreement, or request to confirm that the agreement is invalid. At this time, you need to provide evidence to prove your claim. Civil mediation written by the people's court. This can be enforced, once signed, it has legal effect, and it is impossible to appeal or prosecute separately for the same dispute.