Termination and Continuation of Enforcement

Termination and Continuation of Enforcement 


The people's court shall make an order to terminate an enforcement action:

 

(1) if the party seeking enforcement withdraws his petition;

 

(2) if the arbitration award or consent award as the basis for enforcement is vacated;

 

(3) if the individual against whom enforcement is sought dies and there is no estate available for enforcement or no successor to his obligations;

 

(4) if the petitioner claiming alimony, maintenance, or support dies;

 

(5) if the individual against whom enforcement is sought is unable to repay the loan as he has a hard life, has no source of income, and has lost the ability to work;

 

(6) under other circumstances where the people's court deems it necessary to terminate the enforcement action.

 

The order to terminate an enforcement action shall take effect promptly upon service on the parties.

 

Where the people's court makes an order to dismiss the petition for vacation, it shall also make an order to continue the enforcement action.

 

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

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China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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