|
|
|
No. 3 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Applications of Lv A, Wang [REDACTED], and Three Other Persons for Participation in the Distribution and Execution of Claims— The application of a model text, Application Form for Participation in Distribution of Claims, ensured that ordinary creditors should receive their due compensation in kind.
|
|
最高人民法院发布第三批6件示范文本应用典型案例之三：吕某甲、王某等5人申请参与分配执行案——应用“参与分配申请书”示范文本保障普通债权人公平兑现“真金白银”
|
|
【法宝引证码】
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| No. 3 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Applications of Lv A, Wang [REDACTED], and Three Other Persons for Participation in the Distribution and Execution of Claims | | 最高人民法院发布第三批6件示范文本应用典型案例之三：吕某甲、王某等5人申请参与分配执行案 |
| — The application of a model text, Application Form for Participation in Distribution of Claims, ensured that ordinary creditors should receive their due compensation in kind. | | ——应用“参与分配申请书”示范文本保障普通债权人公平兑现“真金白银” |
| [Basic Facts] | | 【基本案情】 |
| In 2024, due to the default on loans by Lv B and Ren B, Lv A, Wang [REDACTED], and four other persons separately filed lawsuits against Lv B and Ren B with the Primary People's Court of Juye County of Shandong Province. After winning the lawsuits, five persons including Lv A and Wang [REDACTED] successively applied to the court for execution of the judgments. The claims amounted to over 460,000 yuan, which were all ordinary ones. During the execution, the Court discovered that there was only one participating endowment insurance under the name of Lv B, with a policy value of over 60,000 yuan. There was no clue to executable property under the name of Ren B. Therefore, the Court imposed freezing measures on the subject matter of execution in accordance with the law. Lv A was the first creditor applying for the seizure and Wang [REDACTED] and three others were the waiting creditors applying for the seizure. Since Lv B refused to fulfill the repayment obligation, the execution judge withdrew the policy value, but the policy value was still insufficient to pay off all debts. Lv A, Wang [REDACTED], and three others all raised claims for repayment of the above-mentioned execution funds. | | 2024年，因吕某乙、任某乙拖欠借款，吕某甲、王某等5人分别将其诉至山东省巨野县人民法院。吕某甲、王某等5人胜诉后依次向法院申请强制执行，债权共计46万余元且为普通债权。执行过程中，法院发现仅吕某乙名下有1份分红型理财保险，保单价值6万余元，未发现任某乙名下有可供执行的财产线索，遂对执行标的依法采取冻结措施，吕某甲系首封权利人，王某等4人为轮候查封权利人。吕某乙拒不履行还款义务，执行法官将保单价值提取，因保单价值不足以清偿所有债务，吕某甲、王某等5人均对上述执行案款提出清偿请求。 |
| [Application of the Model Text of an Application Form for Participation in the Distribution of Claims] | | 【参与分配申请书示范文本应用情况】 |
| Wang [REDACTED] and three other waiting persons applying for seizure came to the Court and applied for participating in the distribution of claims to the execution judge. Due to limited legal knowledge, they did not know how to apply for participation in the distribution of claims. The execution judge provided them with the model text of an application form for participation in the distribution of claims and in light of the content in the "Instructions" of the model text, explained in details the eligibility of ordinary creditors, the principle of distribution according to the proportion of claims, and the evidentiary materials required to be submitted. The judge also informed the applicants that they should abide by the principle of good faith and fulfill their obligations of truthfully declaring their claims. Subsequently, the execution judge contacted Lv A, the first creditor applying for seizure. After learning that Wang [REDACTED] and other persons also applied for participation in the distribution of claims, Lv A was very agitated and maintained that he was the first creditor who filed a lawsuit and applied for execution and the first creditor applying for seizure of the subject matter subject to execution, and should therefore enjoy priority in full satisfaction of claims. In light of the "special prompts" in the model text, the execution judge explained to Lv A that his claim was not based on ownership or security right, but was an ordinary claim as prompted in the model text. When the property of the person subject to execution was insufficient to pay off all debts, it should be distributed according to the proportions of claims in accordance with the law. Guided by the model text and with the judge's explanation, Lv A, Wang [REDACTED], and other persons gained a comprehensive comprehension of the system for participation in the distribution of claims and expressed their recognition and acceptance of the application of the system. Following the prompts and instructions in the model text, Wang [REDACTED] and other applicants filled out the application forms for participation in the distribution of claims by checking boxes and filling in blanks, and submitted them to the Court. Wang [REDACTED] commented with sentiment, "I thought the application process for participation in the distribution of claims would be complex, but the prompts in the model text are so clear and easy to follow. I can submit my application form myself. It is so convenient!" | | 王某等4名轮候查封权利人来到法院，向执行法官提出参与分配请求，但因法律知识有限，王某等不了解如何申请参与分配。执行法官向王某等提供参与分配申请书示范文本，结合示范文本“说明”部分内容，向其详细释明普通债权人的申请资格、按债权比例分配原则以及需要提交的证据材料，并告知申请人应遵守诚信原则，履行如实申报债权义务。随后，执行法官联系首封权利人吕某甲，吕某甲知晓王某等申请参与分配后，情绪十分激动，坚持认为自己起诉、申请执行最早且系执行标的的首封权利人，应当优先足额受偿。执行法官结合示范文本的“特别提示”，向吕某甲释明其债权并非基于所有权和担保物权形成，属于示范文本提示的普通债权，当被执行人财产不足以清偿所有债务时，依法应当按照债权比例分配。经示范文本指引和法官释明，吕某甲、王某等均对参与分配制度有了较全面的认识，对适用参与分配制度表示认可和接受。按照示范文本的提示和指引，王某等申请人通过勾选、填空方式填写参与分配申请书并向法院提交。王某感慨道：“原本以为参与分配申请流程复杂，没想到示范文本提示清晰，我能自己提交申请书了，真是太方便了！” |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|