Branches eligibility case

Add Date:2015/7/1 Hits:2909 Font Size:S M L BACK
(A) the basic facts

Applicants Pan fiscal basis the Beijing Second Intermediate People's Court in civil judgments, to Beijing's Tongzhou District People's Court for enforcement, to help the debtor in the construction of a limited liability company Beijing lead with Thai Architecture Branch (hereinafter referred to as the lead with Thai Architecture Branch) pay the purchase price, liquidated damages, delay interest on the debt, totaling 115 million yuan. Enforcement of court through the relevant inquiry, the scene, found that lead with the Thai construction branch no ability to perform the entire debt.

(Ii) the results of

Beijing's Tongzhou District People's Court found that: the debtor with the Thai branch lead-based corporate office building and does not have an independent legal personality of civil liability. In supporting the construction of a limited liability company as corporate entities, which lead to the debtor with the Thai Department building opened branch units, it set up a branch of foreign debts if they can not, deal with corporate branches established foreign assume repayment responsibility. Therefore the law ruled: additional help build the case debtor is a limited liability company. Then Beijing's Tongzhou District People's Court in a limited liability company help build a series of enforcement measures taken, the case rulings.

(Iii) the typical sense

This case was the transfer of claims contract disputes arising between the individual and branches together, typical of the branch inability to pay, the company assume responsibility for enforcement cases. Additional help in the construction of a limited liability company (hereinafter referred to help construction companies) after the debtor, the company slack performance of its obligations, to escape execution, serious damage to the legitimate rights and interests of the applicant. Execution of the court helped build the company has taken a series of enforcement measures. Among them, the use of dishonest debtor institution has performed linkage effects will help construction companies included in the list of dishonest debtor, the whole society announced. Meanwhile, the company help build high spending limits, directly responsible for the legal representative of Zhuang Qingliang high spending limits, fines for punishment. The company help build enterprises into dishonesty because the list can not carry out the bidding of business, legal representative of the Zhuang Qingliang personal punishment and other reasons, the company's initiative to negotiate with the applicant Pan Choi, reached a settlement agreement, by about fulfillment of the relevant obligations.

In the present case execution, Tongzhou District People's Court according to the law by adding the debtor, safeguard the interests of the applicant. Executive judges from a variety of enforcement measures in the implementation, use of relevant linkage mechanism, the legal representative of the debtor and deterrence, contributed to the positive performance of its obligations. Meanwhile, the enterprises can be learned from this case to legal liability corporation, as well as the legal risks involved, to a certain extent, can regulate the behavior of related businesses.
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