• 13053386789
  • 45433657@qq.com

Nanjing Maritime Court Litigation Guidelines (Enforcement Chapter)

Nanjing Maritime Court Litigation Guidelines (Enforcement Chapter)

1、 What requirements must be met for executing a case application?

 

(1) The conditions for applying for execution

 

1. The legal documents have come into effect;

 

2. The applicant for enforcement is the right holder determined by the effective legal document, or its heirs or successors;

 

3. The applicant for enforcement shall submit the application within the statutory deadline;

 

4. The rights and obligations of the legal documents applied for execution are clear, and the payment content is clear;

 

5. The obligor fails to fulfill its obligations within the time limit determined by the effective legal document;

 

6. Belongs to the jurisdiction of the court applying for enforcement.

 

(2) Materials to be submitted for application execution

 

1. Application Execution Form

 

On the application execution form, specify the information of the person to be executed, and the application execution content should be filled out item by item. For installment performance, only the expired part can be applied for.

 

2. Execution basis

 

Original legal documents should be provided (copies of legal documents issued by this court can be provided).

 

3. Applicant’s Qualification Materials

 

If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge.

 

4. Authorization Letter

 

If the agent is a lawyer, submit a power of attorney, a copy of the lawyer’s certificate, and a letter from the law firm;

 

If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.

 

5. Confirmation of Delivery Address for Legal Documents

 

6. Notice of Selection Method for Auction Institutions

 

7. Provide a statement of the property status of the executed person

 

8. Other materials required by the court

 

 

2、 How to apply for filing an objection case?

 

(1) Scope of application for cases of objection to execution

 

1. Objections raised by parties and stakeholders who believe that enforcement actions such as investigation and control, disciplinary action, coercive measures, and closure methods during the execution process have infringed upon their legitimate rights and interests.

 

2. Objections raised by parties or interested parties who believe that the sealing, seizure, freezing, allocation, and other actions during the execution of the preservation order and advance execution order have infringed upon their legitimate rights and interests.

 

3. An outsider raises an objection to the exclusion of execution against the preserved property or the subject matter of the execution case based on their substantive rights.

 

4. The person subject to enforcement shall apply for non enforcement of the effective arbitration award and notarized debt documents that have been granted compulsory enforcement effect.

 

5. Objections to the jurisdiction of execution raised by the debtor.

 

6. The application for a change or addition of the executor proposed by the applicant for execution or its heirs or successors in rights.

 

7. The application for changes or additions to the executed person proposed by the applicant.

 

8. The debtor raises an objection to prevent execution due to the termination of the creditor’s rights, exceeding the application for execution period, or other physical reasons.

 

9. Other execution objections that can be raised in accordance with the law.

 

(2) Matters to be noted in the application for objection to execution

 

1. The name, gender, age, ethnicity, and address of the objector, as well as the name and address of the legal representative or main person in charge of the legal person or non legal organization.

 

2. The name, gender, address, and other information of the opposing party, as well as the name, address, and other information of the legal person or unincorporated organization.

 

3. Execution case number.

 

4. Objection request and the facts and reasons based on it.

 

(3) Materials to be submitted for objection application

 

1. If the objector is a natural person, submit a copy of the identification document; If the dissenting party is a legal person or an unincorporated organization, a copy of the business license or organization code certificate, and a certificate of identity of the legal representative or main person in charge shall be submitted.

 

2. If an objection application is submitted through delegation, relevant materials such as an authorization letter and proof of identity of the agent shall be submitted.

 

3. The original copy of the objection application and a copy that matches the number of opposing parties.

 

4. Relevant evidence materials.

 

5. Address and contact information for legal document delivery.

Lawyer Liang Shuai