China News Service, March 3. According to the Supreme Law website, the Supreme People’s Court has recently issued the 27th batch of 9 guiding cases, which involve the application of law for third-party revocation suits and execution of objections by outsiders. For reference when people's courts at all levels try similar cases.
Guiding Case No. 148 "Gao Guang v. Sanya Tiantong International Hotel Co., Ltd., Hainan Bochao Real Estate Development Co., Ltd. and other third parties to cancel the suit", clarified whether the company’s shareholders have the right to judge the effective civil litigation between the company’s legal person and others. The qualifications of the plaintiff who filed a third-party revocation suit
The company is the most common trading entity in economic activities, and the results of its external litigation generally affect the company's assets, thereby indirectly affecting the shareholders' rights to income.
However, for the effective judgment of the civil litigation between the company's legal person and others, the shareholders have no direct interest relationship, so it is not possible to initiate a third party to cancel the lawsuit.
Guiding Case No. 149 "Changsha Guangda Construction Decoration Co., Ltd. v. Industrial and Commercial Bank of China Co., Ltd. Guangzhou Yuexiu Sub-branch, Lin Chuanwu, Changsha Guangda Construction Decoration Co., Ltd. Guangzhou Branch and other third-party revocation cases", clarified the branch of the company’s legal person Where an institution participates in external litigation and bears civil liability, the corporate legal person does not have the qualifications of the plaintiff to initiate a third party cancellation lawsuit.
Whether the legal person of the company has the qualifications of the plaintiff for the effective judgment of the civil liability of its branch to initiate a third-party revocation lawsuit, there are differences in trial practice. This case has a strong guiding significance for the handling of such cases.
Guiding Case No. 150 "China Minsheng Bank Co., Ltd. Wenzhou Branch v. Zhejiang Shankou Construction Engineering Co., Ltd. and Qingtian Yiligao Footwear Co., Ltd." When the right of compensation exists at the same time, the validity of the priority right of compensation for the construction project price and the extent of the scope have a legal interest in the mortgagee, and it should be determined that it has the qualifications of the plaintiff to initiate a third party to cancel the lawsuit.
This case clarified the rules for determining the qualification of the third party to revoke the subject of litigation, which has a positive effect on protecting the legitimate rights and interests of the parties in accordance with law.
Guiding Case No. 151 "Taizhou Delio Auto Parts Manufacturing Co., Ltd. v. Zhejiang Jianhuan Machinery Co., Ltd. administrator Zhejiang Antian Law Firm and China Everbright Bank Co., Ltd. Taizhou Wenling Sub-branch Third Party Revocation Case", clarified The bankruptcy administrator filed a lawsuit to revoke individual repayments because the drawer deposited funds into the account set up at the accepting bank in accordance with the agreement within six months before entering the bankruptcy proceedings, and the bank redeemed the due draft accordingly. In the case of the court's support, the guarantor of the bill of exchange has a legal interest in the effective judgment and has the qualifications of the plaintiff to initiate a third-party revocation lawsuit.
Guiding Case No. 152 "Anshan Small and Medium-sized Enterprise Credit Guarantee Center v. Wang Wei and Lu Jinying Third Party Revocation Case", clarified that creditors who meet the conditions for exercising the right of revocation as stipulated in Article 74 of the Contract Law have The plaintiff subject qualifications of the three people's revocation.
This case has guiding significance for how to balance the interests of the creditor and the original litigant in the third-party revocation proceedings, and to correctly understand the functions of the third-party revocation proceedings and the application of relevant legal rules.
Guiding Case No. 153 "Yong'an Yancheng Real Estate Development Co., Ltd. v. Zheng Yaonan, Far East (Xiamen) Real Estate Development Co., Ltd. and other third-party cancellation suits" Knowing or ought to know the issue of starting calculations within six months from the date of damage to their civil rights and interests is regulated in more detail.
Before the realization of the creditor’s rights is affected, the creditor shall not be deemed to have known or should have known that the effective judgment harms his civil rights and interests, which has a strong guiding significance for the calculation of the period for the third party to cancel the lawsuit.
Guiding Case No. 154, "Wang Siguang v. Zhongtian Construction Group Co., Ltd., Baishan Hefeng Real Estate Co., Ltd., an outsider's enforcement objection lawsuit", clarified that in the process of compulsory execution of construction project prices, the house buyer filed a lawsuit against the compulsory house An execution objection lawsuit by a person outside the case requesting confirmation that it has civil rights and interests that can exclude compulsory execution, but does not deny the priority of the construction project price that the creditor confirmed in the original effective judgment enjoys, belongs to the second of the Civil Procedure Law Circumstances "not related to the original judgment or ruling" stipulated in Article 127.
The judgment rules confirmed in this case help the courts at all levels to accurately grasp the difference between the remedy procedures for the execution of objections by persons outside the case and the trial supervision procedures, and have important guiding significance for trial practice.
Guiding Case No. 155 "China Construction Bank Co., Ltd. Huaihua Branch v. China Huarong Asset Management Co., Ltd. Hunan Branch and other outsiders' enforcement objection suit", clarified that in the process of enforcement of mortgage rights, outsiders should It purchased the mortgaged real estate before the mortgage registration, and filed an execution objection lawsuit by the outsider on the grounds that it enjoys priority over the right of mortgage, requesting to exclude compulsory execution, but does not deny the mortgagee’s priority right of compensation for the mortgaged real estate, it belongs to the house. The issue of the right sequence between the rights and interests enjoyed by the purchase and sale of the real estate involved in the case and the mortgage rights enjoyed by the real estate involved in the case, in this case should be handled in accordance with the execution of the objection lawsuit by the person outside the case, rather than in accordance with the trial supervision procedure.
This case has guiding significance for handling similar cases in accordance with the law.
Guiding Case No. 156 "Wang Yanyan v. Xu Yijun, Beijing Jinbi Real Estate Development Co., Ltd. Case of an Outsider's Execution Objection Case", clarified the "Supreme People's Court's Provisions on Several Issues Concerning the People's Court Handling Execution Objection and Reconsideration Cases" 20th The application relationship of Article 8 and Article 29.
Where a person outside the case requests exclusion of compulsory execution for a commercial house registered under the name of the real estate development enterprise being enforced, he may choose to apply the provisions of Article 28 or Article 29; if the person outside the case advocates the application of the provisions of Article 28, the people The court should review.
This case resolves the differences in practice and has guiding significance for the correct application of relevant laws and regulations and the handling of similar cases.