The East Evil and the West Poison The Southern Emperor and the Northern Beggars are supernatural, how to enforce their respective debts?

In the huge rivers and lakes, there are thousands of people who practice martial arts, but there is only one in ten thousand who can really beat the crowd and gain recognition from the world. And even this "one in 10,000" top master, I'm afraid it will have to be divided into three, six, nine and so on. It's just that no matter how it is divided, the "five uniques" of the East Evil, the West Poison, the Southern Emperor, the Northern Beggar, and the Zhongshentong always occupy the position at the top of the pyramid of the rivers and lakes.

As the saying goes, there is no first in literature, and there is no second in martial arts. Even if it is already standing at the top of the pyramid, the "five uniques" still have to be divided into one, two, three, four and five. So, the "Five Uniques" met in Huashan to discuss the sword, and fought on the top of Huashan for seven days and seven nights, and finally Wang Chongyang defeated the other four people to win the title of "No. 1 in the world".

The picture comes from the TV series "Jin Yong's Martial Arts World"

As the saying goes, where you fall, you have to get up. After the defeat, the four wanted to get back on the field, and Wang Chongyang wanted to consolidate his position after winning the championship. So, several people made an appointment to practice hard for twenty-five years, and then come to Huashan for the second time.

As the saying goes, the poor are rich and martial, and they are full of hunger and singing. To compete for the first position in the world, only hard work and talent are not enough, and a solid family background is also essential. So, in the past 25 years, several people have started business in addition to practice.

As the saying goes, interlacing is like separating mountains. If you talk about practicing martial arts, several people are indeed "five uniques", and it is difficult to meet opponents in the rivers and lakes; But when it comes to doing business, they are really not good hands, and they have more or less involved some debts in the past few years.

As the saying goes, it is natural to repay debts. So how to implement the debts of the "five absolutes"?

1. Huang Yaoshi is the person subject to execution, can his wife Feng Yu be added as the person subject to execution?

Answer: The peach blossom shadow falls and flies the sword, and the blue sea tide is born according to the jade flute. Among the "five uniques", in terms of IQ alone, Huang Yaoshi is the first. He knows astronomy, geography, and martial arts, and has doors for everything; Poetry and songs, calligraphy and painting, piano and chess, gossip and counting, everything can be done; The astrological signs, the five elements of yin and yang, and the Qimen Dunjia are all in the chest.

However, a high IQ does not mean that you can do a good business. Due to too many industries and too many stalls, the capital chain was broken, and Huang Yaoshi became the first person to go bankrupt among the five.

During the litigation of the case, the creditor sued Huang Yaoshi for repayment liability, and the court ruled in favor of the creditor's claim. In the enforcement procedure, because Huang Yaoshi had no property in his name for enforcement, the court terminated the enforcement procedure. The applicant asserted that because the debt was a joint debt of the husband and wife, and Huang Yaoshi's business income was also used by the whole family, it requested that Huang Yaoshi's wife, Feng Yu, be added as the person subject to enforcement. Can the applicant's claim be upheld by the court?

The Provisions of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement (hereinafter referred to as the "Provisions") do not stipulate that the spouse of the person subject to enforcement may be added as the person subject to enforcement, and the applicant's claim lacks legal basis.

The reason why it cannot be added is that whether the relevant debt is a joint debt of the husband and wife involves the substantive rights and obligations of the parties, which should be confirmed through litigation procedures, and cannot be determined through enforcement procedures. According to the Notice of the Supreme People's Court on Issues Concerning the Proper Trial of Cases Involving Marital Debts in Accordance with Law, a husband and wife who have not raised debts shall not be required to bear civil liability without trial procedures. In other words, if the enforcement procedure directly determines whether the relevant debt is a joint debt of the husband and wife, Feng Yu, who did not participate in the litigation, will lose the opportunity to protect his legitimate rights and interests through the first-instance, second-instance and trial supervision procedures.

Therefore, with regard to the applicant's claim, on the one hand, Feng Yu can be listed as a co-defendant at the time of the initial lawsuit, claiming that the debt is a joint debt of the husband and wife; On the other hand, they can also file a separate lawsuit, claiming that the debt is a joint debt of the husband and wife, and asserting their rights against Feng Yu.

2. Yangfeng Company is the person subject to enforcement, can the branch Yangke Company be added as the person subject to enforcement?

Answer: Ouyang Feng, known as Lao Ou (Ouyang Feng has always protested against this, always saying that his surname is Ouyang, not Ou), with his understanding of various poisons, Lao Ou established Yangfeng Pharmaceutical Co., Ltd. in Baihushan Mountain in the Western Regions.

Ouyang Ke, known as Xiao Ou (Ouyang Ke has always protested against this, always saying that his surname is Ouyang, not Ou), with his understanding of the entertainment industry and the support of Lao Ou, Xiao Ou has become the head of Yangke Media, a subsidiary of Yangfeng Pharmaceutical.

If one of the parties becomes the person subject to enforcement and has no property under his name to be executed, can the other party be added as the person subject to enforcement?

According to the Provisions, if a branch of a legal person that is the person subject to enforcement is unable to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies to change or add the legal person as the person subject to enforcement, the people's court shall support it. This provision is also known as "sub-recovery of the aggregate", and "sub-pursuit of the aggregate" belongs to the scope of review of cases involving additional parties in the enforcement procedure.

At the same time, the Provisions also make it clear that if the property of the legal person directly managed by the person subject to enforcement is unable to pay off the debts determined in the effective legal documents, the people's court may directly enforce the property of the branch of the legal person. That is to say, for the claim of "total pursuit of points", it should be directly provided to the enforcement judge as an enforcement clue, and the enforcement judge can directly enforce the property of the branch.

3. If Yideng Company is the person subject to enforcement, can Yuqiao Farming Company be added as the person subject to enforcement?

Answer: After Duan Zhixing resigned and started a business, he established a light limited liability company, and the shareholder was only Duan Zhixing. Later, due to poor management, Yideng Company became the person subject to execution, but there was no property in the company's name for enforcement.

According to the Provisions, if the property of a one-person limited liability company as the person subject to enforcement is insufficient to pay off the debts determined in the effective legal documents, and the shareholder cannot prove that the company's property is independent of his own property, and the applicant for enforcement applies to change or add the shareholder as the person subject to enforcement, and bears joint and several liability for the company's debts, the people's court shall support it. In other words, Yideng Company, as the person subject to enforcement, can deny its legal personality and pursue the liability of Duan Zhixing, the sole shareholder, if it meets the statutory conditions.

So if Duan Zhixing, as the person subject to execution, holds the shares of Yuqiao Farming Company, can he directly execute the property of Yuqiao Farming Company?

The answer is no. According to the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of Equity by the People's Court, if the person subject to enforcement is a shareholder of the company, the people's court may enforce the equity held by the person in the company, but may not directly enforce the company's property. Specifically, in this case, the applicant can provide the equity of Yuqiao Gengyu Company held by Duan Zhixing as a property clue to the enforcement judge, and then enforce the equity. If the applicant insists that Yuqiao Farming and Reading Company should be held liable for the debts involved in the case, a separate lawsuit should be filed.

4. Hong Qigong is the person subject to enforcement, and Guo Jing makes an enforcement guarantee, can Guo Jing be added as the person subject to enforcement?

Answer: Hong Qigong is greedy by nature, and once cut off his right index finger because of greed, so he is also called "nine-fingered beggar". But it has never been able to change its gluttonous nature. After passing the position of the leader of the beggar gang to Huang Rong, Hong Qigong traveled around alone, looking for the world's peculiar delicacies, and thus owed a lot of debts.

In order to prompt the person subject to enforcement, Hong Qigong, to reach a settlement with the applicant, Guo Jing voluntarily served as the enforcement guarantor. The so-called enforcement guarantor refers to the person who provides a guarantee to the people's court in order to guarantee the performance of all or part of the obligations determined by the effective legal documents of the person subject to enforcement during the enforcement procedure.

According to the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of Settlements, if the guarantee clause is stipulated in the enforcement settlement agreement, and the guarantor promises to the people's court that it will voluntarily accept direct enforcement when the person subject to enforcement fails to perform the enforcement settlement agreement, after resuming the enforcement of the original effective legal document, the people's court may directly rule to enforce the secured property or the property of the guarantor in accordance with the application of the applicant for enforcement and the agreement on the guarantee clause.

At the same time, according to the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of Guarantees, if the person subject to enforcement still fails to perform its obligations after the expiration of the period of suspension of enforcement, or if the guarantor transfers, conceals, sells, or damages the secured property during the suspension period, the people's court may, upon the application of the person applying for enforcement, resume enforcement, and directly rule to enforce the secured property or the property of the guarantor, and shall not change or add the guarantor to the person subject to enforcement.

Therefore, for the enforcement guarantor who provides security for the person subject to enforcement in the enforcement procedure, first of all, its status is not that of the "person subject to enforcement", but of "the guarantor of enforcement", not to mention the issue of adding it as the person subject to enforcement. Secondly, the applicant shall not apply for the addition of the enforcement guarantor as the person subject to enforcement, but shall apply to the enforcement enforcement judge if the conditions are met, and the enforcement enforcement judge shall enforce the secured property provided by the enforcement guarantor or the property of the guarantor.

In other words, Hong Qigong is the person subject to enforcement, and Guo Jing makes an enforcement guarantee, and Guo Jing cannot be added as the person subject to enforcement, but in the case that Hong Qigong does not perform the enforcement settlement agreement, Guo Jing's property can be directly enforced.

5. Quanzhen Company is the person subject to enforcement, can the legal representative Wang Chongyang be added as the person subject to enforcement?

Answer: After Wang Chongyang won the MVP of Huashan Lunjian, he established Quanzhen Co., Ltd., which is composed of Danyangzi Ma Yu, Changchun Ziqiu Chuji, Changzhenzi Tan Chuduan, Yuyangzi Wang Chuyi, Taikoo Hao Datong, Changsheng son Liu Chuxuan and Qingjing Sanren Sun Buer as the company's senior executives and responsible for the company's affairs.

Later, due to poor management, the company was heavily indebted and became an executor. The applicant's application to add Wang Chongyang as the person subject to enforcement was not supported by the court.

According to the relevant provisions of the Company Law, the legal representative is a person who performs the company's affairs on behalf of the company, which does not mean that he is automatically liable for the company's debts. Moreover, the Provisions do not specify the circumstances under which the company's legal representative is added as the person subject to enforcement, so the role of the legal representative does not mean that the legal representative should be liable for the company's debts.

In other words, in terms of taking responsibility, Wang Chongyang and Quanzhen Company are two completely independent subjects. If the applicant believes that Wang Chongyang needs to be held liable for the debts of Quanzhen Company due to his professional conduct or other reasons, he should assert his rights through a separate lawsuit.

Source: Rule of Law Daily