Author: Lawyer Zhou Jun.
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After the defendant is applied for compulsory enforcement, if the frozen bank account has a bank acceptance bill deposit deposited with the bank, the security deposit belongs to the executable property of the person subject to enforcement, or can enforcement be excluded?
In order to unify the principle of judgment, the Supreme People's Court clarified in the Lawsuit of Objection to Enforcement by Outsiders in the Case of Shenyang Branch of Bank of Dalian and Zheng Kexu of Fushun Yanfeng Building Materials
The drawer of the acceptance bill deposits the deposit of the deposit to the special account of the bank acceptance deposit as a guarantee for the acceptance bill business, and the nature of the act belongs to the establishment of a money pledge.
When the drawer fails to pay the due bill and the bank fulfills the advance obligation, the bank has the right to be repaid in priority for the deposit based on the pledge.
The pledge is a security interest, which is sufficient to preclude the enforcement of the claim in another case.
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Case Index
Bank of Dalian Shenyang Branch v. Fushun Yanfeng Building Materials *** Zheng Kexu Case Outsider Enforcement Objection Lawsuit (2015) Min Ti Zi No. 175.
Gazette of the Supreme People's Court, No. 10, 2016.
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