The execution of the settlement agreement is a record made by both parties in court and does not require the seal of the court.
If both parties reach a settlement agreement by themselves and sign a settlement agreement, they may directly submit it to the court for filing. There is no need for the court to build an official seal.
As long as the court approves, no matter what form, the official seal of the court is not needed, but it is effective.
Article 230 of the Civil Procedure Law: In the course of execution, if both parties reach an agreement through self-settlement, the executor shall record the contents of the agreement in a 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.
Article 2 1 1 of the Civil Procedure Law clearly stipulates that in the course of execution, 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 one party fails to perform the settlement agreement, the people's court may resume the execution of the original effective legal documents upon the application of the other party.
Because the settlement agreement has no enforcement effect, the phenomenon that the parties go back on their word at will is very rampant in judicial practice. This also provides a convenient door for the parties to seize the opportunity to reach a settlement agreement, strive for time transfer and hide their property. This not only damages the legitimate rights and interests of the application for enforcement, artificially prolongs the litigation period, but also makes this system exist in name only, fundamentally denying its positive value. It is necessary to reshape the implementation of the settlement system, give full play to its institutional advantages and functions, further strengthen the protection of the application executor, resolve disputes in a timely and effective manner, and clarify the legal effect of the implementation of the settlement agreement.
The execution settlement agreement is an agreement reached voluntarily by the parties in the process of civil execution through equal consultation. The content of the settlement agreement is the change of the subject, subject matter and its amount, time limit and performance method determined by the original effective legal documents, and it is the result of the parties' self-punishment of their civil rights and litigation rights, which conforms to the principle of party autonomy. Of course, the settlement agreement shall be legal, and shall not violate the mandatory provisions of laws and administrative regulations, harm the public interests, or infringe upon the legitimate rights and interests of the state, the collective or the third party. Legally speaking, the effective agreement is legally binding on both parties, and either party must faithfully and comprehensively perform the agreement, and shall not go back on its word at will, otherwise the other party has the right to apply for enforcement.
The implementation of the settlement agreement is beneficial to the person subjected to execution, and to say the least, it is also the helpless move of the applicant. In this case, if the person subjected to execution reneges on the settlement agreement, the applicant executor can be given the right to choose, that is, the applicant executor can apply for the execution of the original effective legal documents or continue to execute the settlement agreement, so as to fully protect the legitimate rights and interests of the applicant executor and increase the punishment for the person subjected to execution, so as to urge the person subjected to execution to actively perform the settlement agreement and give full play to the due role of this system.
The execution of reconciliation is not only flexible and convenient, but also helpful to the communication between the parties, which relieves the pressure of difficult execution to some extent. The legal effect of the implementation of the settlement agreement has certain effect, and the implementation of the settlement should be treated correctly. In the process of court execution, both parties reached an agreement through voluntary negotiation to terminate the execution procedure. This kind of activity is the implementation of reconciliation, so we should pay attention to the relevant regulations in time.