Will a legal instrument really be enforced after it comes into force?
Li Si lost the lawsuit, according to the content of the court judgment, Li Si should pay the other party a large sum of money, seeing that the court's judgment is about to take effect, Li Si is more and more worried, if the judgment takes effect, will the court really enforce him?
In fact, the court itself does not know whether the court will enforce against Li **xing, and there is only one person who knows, that is, the other party Zhang San, because in this case, the right holder Zhang San can start the enforcement procedure against Li Si by applying to the court for compulsory enforcement.
Of course, before applying for compulsory enforcement, if Zhang San transfers his rights in this case to Wang Wu, then Wang Wu, as the right holder, can also initiate the enforcement case by applying to the court for compulsory enforcement.
If Zhang San dies unexpectedly before applying for enforcement, the right to apply for enforcement is transferred to Zhang San's heirs.
Under what circumstances would the right holder Zhang San initiate this case under normal circumstances?
The timing of the commencement of the application for enforcement depends on these things:
The judgment on which the enforcement is based has entered into force;
If the judgment determines that a condition is required for the performance of the obligation and that the condition has been fulfilled;
if the judgment stipulates a time limit for performance and this period of performance has expired;
These are all the times when the application for enforcement begins under different circumstances, and within two years from this time, Zhang San can apply to the court for enforcement.
Which court will Zhang San apply to for enforcement?
If there are no special circumstances, it is possible to apply to the court of first instance hearing the case, and if Li Si has property elsewhere, Zhang San may also apply to the court of first instance at the same level where Li Si's property is located.
However, sometimes, Li Si may be a fish that slips through the net, and even if Zhang San applies to the court for enforcement, it is possible that he will not be able to realize his creditor's rights.
How can it be? What's going on?
For example, when Zhang San applied to the court for compulsory enforcement, the statute of limitations for enforcement had already expired, in this case, although Zhang San could still apply for compulsory enforcement, although the court would still accept the case and perform the enforcement procedures in an orderly manner, as long as Li Si raised the defense of the statute of limitations, the case might not be able to move forward.
For example, although Zhang San applied to the court for compulsory enforcement, the content of the payment of the legal documents on the basis of the enforcement was very vague.
For example: "Li Si should continue to perform the contract", "Li Si should deliver the relevant documents", such expressions will make it difficult to advance the process of enforcement, such as how to continue to perform?
When is it fulfilled? How many subject contracts are performed? Where is it fulfilled?
What documents should Li Si deliver?
How many documents are there? What are the criteria for documentation?
Therefore, before applying for enforcement, look at the legal documents you want to apply for enforcement, are there any of the above situations?