Article 135 of the General Principles of the Civil Law stipulates that the limitation of action for requesting protection of civil rights from the people's court shall be two years, unless otherwise stipulated by law.
Article 249 of the Civil Procedure Law, the property or tickets designated for delivery in legal documents shall be delivered in person by the person subjected to execution, or handed over by the person subjected to execution, and signed by the consignee.
If the relevant unit holds property or tickets, it shall transfer them according to the notice of assistance in execution of the people's court, and the consignee shall sign for them.
If the citizens concerned hold property or tickets, the people's court shall notify them to surrender them. Those who refuse to hand it over shall be enforced.
Extended data
Case: The project payment case that has been in arrears for 8 years has been solved.
1February, 995 17, the Xiamen municipal government decided to expand the Toyama international convention and exhibition city, which originally hosted the "September 8th" investment and trade fair, and the exhibition company entrusted the preparatory office of Xiamen International Trade Building to carry out the construction.
1May, 1995 17 China Construction Third Company undertook the main project, which was completed and put into use before September 8th of that year. At that time, in order to catch up with the construction period, all the procedures of the project were handled at the same time, which led to the final audit of the project being delayed to 200118, and the final audit of some projects undertaken by China Construction Third Bureau was12.8 million yuan. Previously, at the urging of China Construction Third Company, the exhibition company paid part of the project funds one after another, and still owed 2.3 million yuan.
Toyama Exhibition City was transferred to Taiwanese businessmen at a price of 80 million yuan in 2000. The transfer funds are basically used to pay economic compensation, taxes and some bank loans for laid-off workers in the former Toyama Convention and Exhibition City. Seeing that it was hopeless to claim the arrears, China Construction Third Company appealed to the court in July, 20001. Xiamen Intermediate People's Court ruled that the exhibition company should pay the arrears and interest after the first and second trials, and Guo Mao Company should be jointly and severally liable.
Guo Mao Company refused to accept the appeal to the Provincial High Court. On June 1 1, 2002, the Provincial High Court ruled that Xiamen International Exhibition Company paid 2.3 million yuan and interest owed by China Construction Third Company. The preparatory office of the International Trade Building is not a legal entity, and Guo Mao Company does not assume joint liability.
After the decision of the Provincial High Court, China Construction Third Company immediately applied to Xiamen Intermediate People's Court for enforcement. After the Intermediate People's Court learned that the exhibition company had no executable property, it terminated the execution.
According to the Supreme Court's reply on the priority of compensation for construction project price, China Construction Third Bureau enjoys the priority of compensation for construction project price. After the sale of the project, the exhibition company shall not use the project money to pay off the creditor's rights of other creditors without paying off the creditor's rights of the first constructor.
As a result, China Construction Third Company constantly reported to the relevant leaders of the municipal government and the Municipal Bureau of Letters and Calls, requesting help to solve the problem of arrears.
After investigation, the Municipal Bureau of Letters and Calls thinks that the situation reflected by China Construction Third Company is reasonable. It called the exhibition company, ITC and its competent departments, CCPIT and TDC, to negotiate solutions, and included this issue in the major letters and visits of the city's rolling investigation, and reported to the relevant leaders of the city, clearly pointing out that both the exhibition company and ITC are state-owned enterprises in Xiamen, and the debt disputes between the two companies should not affect the interests of third parties.
Due to the irregular construction market and its own management problems in recent years, many project funds of China Construction Third Bureau cannot be recovered, and employees have not been paid for several months. In order to properly solve the problem of migrant workers' wages, the municipal government decided, after research, that ITC would pay the arrears, and the municipal finance would pay in advance, and then deduct them from the profits paid by ITC.
After receiving the instructions from the municipal government, the comrades handling the case of the Municipal Bureau of Letters and Calls immediately contacted the Municipal Finance Bureau and the Municipal Intermediate Court, demanding that the Municipal Intermediate Court give priority to the implementation of the case, and be sure to send the money directly to every employee before the Spring Festival.
People's Daily Online-The project payment case that has been in arrears for 8 years has been solved.