Reply of the Supreme People's Court on whether the People's Court Shall Accept the Case...
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- Document Number:Interpretation No.
2 [2011] of the Supreme People’s Court
- Area of Law: Contract
Civil Law
- Level of Authority: Judicial Interpretation
- Date issued:01-07-2011
- Effective Date:02-01-2011
- Issuing Authority: Supreme People's Court
- Status: Effective
Announcement of the Supreme People's Court
The Reply of the Supreme People's Court on whether the People's Court Shall
Accept the Case when a Party Assigns the Creditor's Rights Confirmed by a Court
Judgment after the Judgment Takes Effect but the Assignee Refuses to Accept
such Judgment and Files a Petition for Retrial, as adopted at the 1,506th
session of the Judicial Committee of the Supreme People's Court on December 16,
2010, is hereby issued and shall come into force on February 1, 2011.
January 7, 2011
Reply of the Supreme People's Court on whether the People's Court Shall Accept
the Case when a Party Assigns the Creditor's Rights Confirmed by a Court
Judgment after the Judgment Takes Effect but the Assignee Refuses to Accept
such Judgment and Files a Petition for Retrial
(Interpretation No. 2 [2011] of the Supreme People's Court)
Higher People's Court of Hainan Province:
Your Request for Instructions on the Case of Loan Contract Dispute between
Hainan Changjiang Tourist Company Limited, Hainan Kaili Central Development and
Construction Inc. and the Hainan Branch of the Bank of Communications (No. 16
[2009] of the Higher People's Court of Hainan Province) has been received. Upon
deliberation, we reply as follows:
When a party assigns the creditor's rights confirmed by a court judgment after
the judgment takes effect but the assignee of the creditor's rights refuses to
accept such judgment and files a petition for retrial, because the assignee is
not eligible to petition for retrial, the people's court shall refuse to accept
the petition in accordance with law.