46. Instructions for Applying for Advance Enforcement

Updated:2017-09-12 17:52:03  From:  Views:0
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Prior to the judgment of the court, if you think it is necessary to perform an advance enforcement, you may apply to the court for it, but before the application, please read the instructions carefully to understand the relevant procedures, application conditions to be clear about your rights and your obligations.

46.1. Please Check whether the Civil Case Satisfies the Requirement for Applying for Advance Enforcement

Those involving claims for alimony, support for children or elders, pension for the disabled or the family of a descendant, or expenses for medical care; claims for labor compensation; claims for immediately stopping the infringement, eliminating the obstruction; claims for immediately terminating an act; claims for immediately returning payment for the purchase of raw materials and production tools; claims for insurance costs in urgent need for resuming production and management. 

    46.2. Please Check the Following Conditions when Applying for Advance Enforcement

     46.2.1.the rights and obligations between the parties in the civil case are clear, and failure to enforce in advance will seriously affect your life or the production and management;

46.2. 2.you have an urgent need to realize your rights. Unless the rights are realized in advance, it will cause great difficulties for life or production.

 

46.2. 3.the party subjected to enforcement can fulfil the obligations. Only when the applicant has that ability, can your application can be realized, which renders practical meanings to the ruling of advance enforcement of the court.

Attention: the court may command the applicant to provide security; if the applicant fails to do so, his application shall be rejected.