Reply of the Supreme People's Court on whether the People's Court Shall Accept the Case...

 2018-08-12  1265


  • Document NumberInterpretation No. 2 [2011] of the Supreme People’s Court
  • Area of Law Contract Civil Law
  • Level of Authority Judicial Interpretation
  • Date issued01-07-2011
  • Effective Date02-01-2011
  • 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.