Reporter Li Ziqiang and correspondent Zhang Shaoai
There was a dispute during the rush to set up a stall in Daji. During the chase, the opponent was injured in the left eye and was disabled in the eighth grade. More than 400,000 yuan. Later, the man died in prison, and his wife and daughter inherited the inheritance. The victim applied for compulsory execution, but during the execution process, the conflicts between the two parties were more intense. After repeated explanations and patient guidance by the case handlers, the two parties reached a settlement agreement under the auspices of the Licang Court a few days ago, and the case was successfully concluded.
On September 20, 2019, Zhang Jia wanted to set up a stall to sell second-hand home appliances at a certain roadside in Daji, Li Village, and asked Zhang B, who was singing next to him, to turn off the sound. There was a dispute. Later, while Zhang Yi was chasing him, Zhang Jia turned around and punched Zhang Yi, causing Zhang Yi’s left eye to be injured. After identification, Zhang Yi’s eye injury constituted an eighth-grade disability. Zhang Jia was sentenced to prison for the crime of intentional injury, and at the same time he had to compensate Zhang B for various economic losses and mental damage consolation money totaling 437,761.39 yuan.
After the judgment came into effect, before Zhang Yi applied to the court for enforcement, Zhang Jia died of illness in the prison. According to the law, Zhang Jia does not have the conditions to be listed as the person subject to execution in the case. Because Zhang Jia has passed away, he does not have the corresponding legal subject qualifications, but his spouse and daughter are within the scope of his inherited property because they inherited Zhang Jia’s real estate. Zhang Yi listed Zhang Jia’s spouse and daughter, Zhang Jia’s heir, as the person subject to enforcement in this case and applied for enforcement.
During the execution process, the conflicts between the two parties were more intense. Zhang Yi requested that the property under Zhang Jia’s name that had been seized during the trial stage be auctioned as soon as possible, and the one-time execution was in place. However, Zhang Jia’s spouse and daughter believed that Zhang Jia had passed away and they should not bear the responsibility any more, and they had resistance to compensation. After repeated interpretations of the law and patient counseling by the case handlers, the attitudes of the two persons subject to enforcement gradually eased, and they also realized that as the heirs of the defendants in the criminal incidental civil judgment, they should bear the responsibility in this case, but they could not afford more than 400,000 yuan for a while. It is hoped that it can be implemented in installments. The applicant for executor also agreed to perform in installments after learning about the attitude of the person subject to execution and his family situation, and the two parties reached a settlement agreement under the auspices of the court.
After the settlement agreement was reached, the case handler actively urged the person subject to enforcement to perform the settlement agreement. Knowing that part of the deposit of the person subject to enforcement had already purchased fund products, the balance and redemption time could not be determined, so the case handler went to the bank to connect , the window period for redemption was clarified, and the person subject to execution was able to successfully redeem the fund product and fulfill the obligations of the case as agreed, and the case was successfully concluded.
“Civil Code” [Article 1161] The heir shall pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the inheritance. The portion exceeding the actual value of the estate shall not be repaid by the heir voluntarily. If the heir renounces the inheritance, he may not be liable for paying off the taxes and debts that the decedent should pay according to law.
The judge handling the case stated that the person subject to execution is clearly one of the conditions for the people’s court to accept the execution case. After the legal documents serving as the basis for execution take effect, if the obligor is dead and has no property when the obligee applies for execution, the obligee’s death debt will occur. However, if the obligor has property, the obligee should directly submit the obligor’s The executor, heir, legatee or other subject who obtained the estate due to the death of the obligor is listed as the executor, and the executor shall bear the responsibility within the scope of the inherited property.
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