Current location - Recipe Complete Network - Catering training - Will the property under the name of legal person husband and wife be seized?
Will the property under the name of legal person husband and wife be seized?

The people's court may enforce the joint property of husband and wife, but it shall do so according to different circumstances and in accordance with the law.

according to article 19 of the marriage law, the agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.

The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other. If a third party knows the agreement, the property owned by the husband or wife will be used to pay off the debts owed by the husband or wife.

the Supreme People's Court's explanation on the application of the Marriage Law (II)

Article 25: If the divorce agreement of the parties or the judgment, ruling or mediation of the people's court has dealt with the division of husband and wife's property, the creditor still has the right to claim rights from both men and women for the same debts. If one party claims compensation from the other party based on the divorce agreement or legal documents of the people's court after assuming joint and several liability for repayment of debts, the people's court shall support it.

Article 26: In the event of the death of one of the spouses, the surviving spouse shall be jointly and severally liable for the debts incurred during the marriage relationship.

According to Article 227 of the Civil Procedure Law, which came into effect on October 1, 2112, in the process of execution, if an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receiving the written objection, and if the reason is valid, it shall order to suspend the execution of the subject matter. If the reason is untenable, the ruling shall be rejected.

Interpretation of the Supreme Court on the application of the Civil Procedure Law on February 4, 2115.

article 465: after examination, the objections raised by outsiders to the subject matter of execution shall be dealt with according to the following circumstances.

(1) If the outsider in the case does not enjoy enough rights and interests to exclude enforcement, the ruling shall reject his objection.

(2) If the outsider enjoys enough rights and interests in the subject matter of execution to exclude enforcement, the execution shall be suspended.

Jinzhou lawyer's webpage link

There is no legal explanation and explanation about the outsider. The outsider in Baidu Encyclopedia refers to the person whose legal rights and interests may be infringed by the execution except the parties, the person who has an interest in the execution of the subject matter, and the third person who does not participate in the case but has an interest in the judgment of the case. Therefore, any spouse who meets the conditions of being an outsider can raise an objection to the people's court.