越来越多的中国人移民到了新西兰,却把债务留在了中国国内。
如果你在中国取得胜诉,获得法院或仲裁机构的判决,并需要执行中国债务人在新西兰的财产,下面是一份指南,介绍了在新西兰执行中国法院判决或仲裁裁决的方式。
一、承认与执行
首先,你需要向新西兰法院申请承认与执行中国的法院判决或仲裁裁决。一旦获得承认,该判决或裁决就具有了在新西兰国内判决一样的执行效力。这为你在新西兰执行中国法院判决或仲裁裁决提供了法律基础。
二、民事强制执行措施
一旦在新西兰法院裁定承认与执行中国法院判决或仲裁裁决,你可以采取多种民事强制执行措施来追讨债务。以下是一些执行方法:
1. 扣押入息令
当判决债务人是个人时,债权人可以向法院申请扣押入息令。这种令通过设定抵押权在判决债务人的薪水或工资上,要求雇主直接支付债权人,以确保债权人对债务人收入的权利。
2. 押记令
押记令在地方法院和高级法院均可获得。它通过在特定财产上设定抵押权,如土地、证券或其他资产,保留或持有财产,防止判决债务人处置。虽然不赋予占有权或所有权,但可申请出售令完成执行。
3. 第三方支付令
如果第三方欠判决债务人钱,债权人可以向法院申请将该钱直接支付给他们。在地方法院可通过第三方支付令,而高级法院可通过出售令实现类似效果。
4. 出售令
适用于从高级法院获得的判决,出售令授权执法官员扣押个人财产并出售以偿还判决债务。执法官员可扣押财产,但需遵循一定限制。
5. 占有令
占有令适用于判决命令债务人交付土地或财产给判决债权人的情况。授权执法官员交付指定土地或财产的占有权给债权人,可能需在销售前进行占有。
6. 冻结令
债权人可向法院申请冻结判决债务人的资产,防止其消耗资产,仅在能证明实际资产消耗风险存在时才可使用。
7. 破产程序
如果判决债务人是个人,债权人可申请破产,需要证明在申请日起三个月内实施了破产行为。官方受托人将接管债务人的资产,并实现资金以分配给债权人。
8. 清算
判决债务人若为公司,债权人可申请清算。清算程序将由清算人全面控制公司,以实现公司资产以偿还债务。
三、结论
在新西兰执行中国债务人的财产需要依法进行,了解并选择适当的执行方法至关重要。建议在采取任何行动前,咨询专业法律意见以确保合规性。希望这份指南能为你在新西兰执行中国法院判决或仲裁裁决提供帮助。
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