[LEGAL ARTICLE]
Civil judgment execution is the stage in which the judgment enforcement agency or court takes effect. To the process this process, before to all the must be to pay the menu request for judgment execution in a timeout that the Law requires. How long is this time offset? If has been out of the time, have the image to have to the Permission to the rights of the matter? The following article will answer in detail the above problems.
Concept:
According to Clause 5 Article 3 of the Law on Execution of Civil Judgments 2008, amended and supplemented in 2014 (Law on Execution of Civil Judgments), the statute of limitations for requesting judgment execution is the period during which the judgment creditors and those must judgment execution has the right to request civil judgment enforcement agencies to organize judgment execution. Upon expiration of this time limit, the involved parties lose the right to request judgment execution.
Laws:
According to Article 30 of the current Law on Execution of Civil Judgments, the statute of limitations for requesting judgment enforcement is specified as follows:
- Within 5 years from the date the judgment or decision takes legal effect, or from the date the obligations in the judgment or decision become due.
- The time of postponement or suspension is not counted into the statute of limitations for requesting judgment execution, unless the judgment creditors agree to postpone the judgment execution.
- If the requester proves that it is due to a force majeure event or objective obstacle, the request for judgment execution cannot be requested on time, that time limit shall not be included in the statute of limitations for requesting the judgment execution.
Specifically, Clause 3, Article 4 of Decree 62/2015 / ND-CP stipulates:
- Force majeure event is a case of natural disaster, fire or enemy sabotage.
- An objective obstacle is the case in which the involved parties do not receive the judgment or decision without their fault; the involved party goes to work in border areas or islands without being able to request the judgment execution on time; accident, serious illness to the point of loss of awareness or the involved party's death without the heir being identified; organizations of consolidation, merger, division, separation, dissolution or equitization without identifying new organizations or individuals that have the right to request judgment execution, or due to the fault of the judicial body or the enforcement agency. judgment or other agency or individual.
In principle, the statute of limitations to request the enforcement of a civil judgment is 5 years from the date the judgment or decision takes legal effect, or from the date the obligations in the judgment or decision become due. Upon expiration of this time limit, the involved parties lose the right to request judgment execution. In other words, the interests of the litigant in the judgment will only be on paper and not implemented in practice.
However, in cases where the involved parties cannot submit their written requests for judgment execution on time due to force majeure events or objective obstacles, they may request heads of competent civil judgment enforcement agencies to consider. accept overdue judgment enforcement requests. At this time, although the statute of limitations required under the Law has expired, the interests of the involved parties can still be guaranteed and enforced.

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