The rental car owes 400,000 in three months, and there is no property in the name to execute?Court: Compulsory execution of insurance

Faced with no real estate and vehicle information under the name, property such as bank accounts has been frozen, and the execution of the case is often in trouble. However, if there is an insurance product that can be enforced under the name of the person, the court will be mandatory to surrender in accordance with the law and execute the corresponding amount.

Recently, the People's Court of Nansha District, Guangzhou City, was enforced in the execution of a lease contract dispute together to force the withdrawal of the cash value of the commercial insurance policy for the executing person to settle the debt arrears of the executed person.

Huang Mouming leased a brand -name car from a car rental company in Guangzhou. After more than 3 months, he had not paid the rent and was sued by the car rental company to the court.

After mediation by the court, the two parties reached a mediation agreement, but Huang Mouming never fulfilled the obligation to perform the mediation agreement. He still arrears rent and 400,000 yuan in liquidated damages. The car leasing company applied to the court for compulsory implementation.

After the case entered the enforcement process, the court police officer had no real estate and vehicle information under the name of Huang Mouming through the execution system. Before other cases such as bank accounts, such as other cases had been frozen and the case was enforced in trouble. At this time, the executive police officer found another way to query his information in insurance in the execution system. After screening and verification with the insurance company, it was found that Huang Mouming had commercial insurance at a insurance company and had certain cash value.

The court executive police immediately issued a notice of assistance to the insurance company, asking for extraction of the cash value of the policy of the executed person Huang Mouming in the insurance company. Huang Mouming's debt.

Judge said: The cash value of the policy can be enforced forced

According to the "Provisions of the Supreme People's Court on the Civil Executive of the People's Court in the Civil Execution of the People's Court", Article 2 of Article 2 of the Paragraph 2 of the People's Court can seize, seize, and freeze the real estate occupied by the executed person in the name of the executed person. Real estate, specific real estate and other property rights.

Article 47 of the "Insurance Law of the People's Republic of China" stipulates that if the insured is terminated, the insurer shall be refunded the cash value of the insurance policy in accordance with the contract within thirty days from receiving the termination of the contract.

The commercial insurance products in this case belong to the scope of other property rights of the "Supreme People's Court's Cover, Seal, and Frozen Property in the Civil Implementation of the People's Court". Personal insurance benefits, policy bonus paid in cash, and cash value of the policy after surrender, etc., all belong to the property rights of the insurer, the insured or the beneficiary. When the insured, the insured, or the beneficiary as the executor, the property right is responsible and property, and the people's court can execute it.

The cash value of the policy has obvious property attributes. It is not the living items and living expenses necessary for the executed person and their family members. It is the property rights and interests of the insured. The court can enforce the execution according to law.

At present, the court's investigation and control system and the insurance industry system have conducted information interoperability, incorporating insurance products into it. Once the person who is found to be executed is forced to execute, the court will be forced to surrender in accordance with the law. Value is inspected to protect the rights and interests of the parties to win the lawsuit.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Wang Jun Guangzhou Daily · Xinhuacheng Editor: Long Chengliu

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