·The right to use the Beijing-based passenger car can be disposed of in the debt court. 12 cars have been disposed of.

The use of the Beijing- style passenger car can be used to offset the debt <br style="PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 0px"> The court has disposed of 12 vehicles. The six-year use rights of the three cars arrived at 770,000 yuan. The price period was negotiated by the parties. After the auction, the Beijing court had a new disposal method for the Beijing-brand passenger car. A few days ago, Beijing No. 1 Intermediate People's Court seized and detained a certain number of Beijing-brand passenger cars during the execution of the case. If handled according to the traditional auction method, these small passenger cars will face problems such as long disposal period and slow property realization. The value of small passenger cars. It will also be derogated. After the practice of handling cases, the First Intermediate People's Court explored a new way of implementation, and used the right to use the vehicle to pay off the debt without transferring the ownership of the vehicle.
12 cars were "for debts"
Hongshi Company owed a total of 770,000 yuan to Hang's company. During the execution of the arbitration case of the two companies, the court found that Hongshi Company had no operation for the execution of the property except for the operation difficulties. .
Yesterday morning, the applicant's Hanges Company and the executed person Hongshi Company came to the court to settle the debt settlement agreement with the use rights of 3 vehicles under the name of Hongshi Company for 6 years. Prior to signing the contract, the judge specifically reminded the parties about the risks and costs that may arise during the use of the vehicle in the agreement, and asked the parties to make a clear statement in the settlement agreement. Under the coordination and guidance of the executive judges, the 770,000 yuan debt was finally realized through the “use of debts”.
In addition to Hongshi and Hanges, yesterday, another party to the case signed the settlement agreement in the same way. In the case of Wang Qiang (pseudonym) and Nash's private lending dispute, after the final judgment of the Beijing Higher People's Court came into effect, the company failed to fulfill its obligations as determined by the legal documents, and Wang Qiang applied to Beijing No. 1 Intermediate People's Court for execution.
During the implementation, Beijing No. 1 Intermediate People's Court conducted an inquiry into the property status of Nash Company. After investigation, there was no bank deposit and no real estate registration under the name of Nashi Company. The company had a vehicle registration record under the name of the company. The court seized it according to law and actually detained a Beijing-brand Alpha black small ordinary passenger car. The car was valued at RMB 600,000.
Both parties apply to the court for a vehicle to pay off the debt. Under the coordination and guidance of the executive judge, the parties to the case reached a settlement agreement to offset the six-year use rights of the vehicle to 600,000 yuan of debt; the risks and expenses that may arise during the use of the vehicle are also in the settlement agreement. And make provisions.
It is understood that the First Intermediate People's Court has disposed of 12 cars in this way.
"Use debts " is entitled to a discount <br style="PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 0px"> According to Beijing No. 1 Middle School Deputy Dean Ma Laike introduced that Beijing No. 1 Intermediate People's Court handled the case and found that it was not uncommon for both parties to submit a claim for vehicle ownership to the court. The executor hoped that the Beijing-based passenger car would be used as soon as possible to avoid the debt drag, and the applicant hoped to realize the credit as soon as possible. The willingness is very strong. However, it is not feasible to directly offset the vehicle ownership and transfer the vehicle to the applicant's name, which is obviously inconsistent with the current policy. For such appeals made by the parties, the First Intermediate People's Court will clearly inform them that they are not legally operable.
In the course of the consultations between the two parties, some parties proposed a proposal not to transfer the ownership of the small bus, transfer the right to use, and use the right to use the proceeds to pay off the debt, requesting the court to permit.
Ma Laike said that according to the traditional auction method, in accordance with current laws and policy requirements, it will face the problem of long disposal period and slow property realization. The value of passenger cars will inevitably be derogated. After demonstration, the First Intermediate People's Court explored a new disposal method for “Beijing-based passenger cars to use debts”. The two parties voluntarily negotiated to implement an implementation settlement agreement, and discounted the use rights of passenger cars as the subject of execution, and agreed on the rights and obligations of the two parties and the risk sharing. To minimize the impact of motor vehicle purchase restriction policies on the judicial disposal of Beijing-based passenger cars, and fully protect and enhance the use value and realizable value of judicially sealed small passenger cars.
The parties negotiated the use period <br style="PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 0px"> According to the introduction, "to use debts" First, based on the implementation of the reconciliation system, fully respect the autonomy of both parties. Whether it is willing to pay off debts, what kind of value is used to offset debts, the term of transfer of use rights, and how to handle the annual inspection of vehicles, etc., will be decided by the parties themselves.
Before signing the agreement, the judge will take the initiative to explain and remind the parties to improve the settlement agreement according to law, including the division of risks and responsibilities in the settlement agreement. The vehicle must comply with all the requirements of the traffic management department on the vehicle. Both parties must comply with the law on how to use the vehicle; and remind and supervise the parties to include the above content as a mandatory clause in the settlement agreement.
It should be noted that after signing the “use of debts”, the court will not lift the judicial seizure of the vehicles, and will remind the applicants to handle the mortgage registration and fully protect the rights and interests of the applicants. In order to prevent the applicant from being damaged because the vehicle was seized separately, or the executor arbitrarily mortgaged the vehicle to a third party, the court did not release the registration of the vehicle after the transfer of the vehicle use right, and reminded the applicant to apply for mortgage registration. To ensure that their legitimate rights and interests are not lost.