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How are the mutual assets between the judgement debtor and others settled?

(i) If unable to identify the proportion of asset ownership or land use rights of the judgement debtor in mutual assets for judgement enforcement, the Civil Judgement Enforcement Agency shall notify to the judgement debtor and the co-owners of the assets or land use rights so they can reach an agreement on division of such assets or request the Court to settle the case in accordance with civil procedure.

After 30 days from the date of receiving the notification, if no agreement between the co-owners has been reached, or if the agreement violates the law or the co-owners cannot reach an agreement and they have not requested the Court to settle the case, the Civil Judgement Enforcement Agency shall notify the judgement creditor of their right to request the Court to identify the proportion of asset ownership or land use rights of the judgement debtor in the mutual assets in accordance with civil procedure.

After 15 days from the date of receiving the notification, if the judgement creditor fails to request the Court to resolve the matter, the Civil Judgement Enforcement Agency shall request the Court to identify the proportion of asset ownership or land use rights of the judgement debtor in the common assets according to civil procedure.

The Civil Judgement Enforcement Agency shall then handle the assets according to the Court’s decision.

(ii) Distrained assets that have mutual ownership, of which ownership proportions of co-owners have been identified, shall be handled as follows:

    1. For mutual assets which can be divided, the Civil Judgement Enforcement Agency shall apply coercive measures regarding the asset proportion owned by the judgement debtor;
    2. For mutual assets which cannot be divided or in case the division considerably reduces the asset value, the Enforcement Agency may apply coercive measures to all assets and pay other co-owners the value in proportion to the assets under their ownership.

(iii) Co-owners have the preemptive right to buy the asset ownership proportion of the judgement debtor in the mutual assets.

Before the initial sale of the asset ownership proportion in the mutual assets, the enforcer shall determine a time limit and provide notice to co-owners to buy the asset ownership proportion of the judgement debtor at determined prices within 3 months for real estate and 1 month for movables. For subsequent asset sales, the time limit is 15 days after a valid notification is made.

Within 5 working days after the time limit for the preemptive right expires, if co-owners do not buy the assets, the assets may be sold to other parties under the law.

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Emotional intelligence plays a key role in conflict resolution. People with strong analytical skills often tend to focus on the logical and right-wrong aspects of an issue, which is not the most effective approach for conflict resolution. Emotional intelligence is necessary to maintain self-control and avoid getting stuck in a right-wrong mindset. Knowing when to stay silent is also an important aspect of emotional intelligence in order to achieve a satisfactory outcome for all parties involved.

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Litigation, a term derived from the Latin word “litigare,” meaning “to dispute,” is the process of taking legal action through courts to enforce or defend a legal right. It involves a series of steps, from the initial filing of a lawsuit to the final resolution, often through a court trial or settlement. This legal mechanism is fundamental in maintaining the rule of law, resolving disputes, and ensuring justice in society.

The litigation process typically begins when one party, known as the plaintiff, files a complaint against another party, the defendant. This complaint outlines the plaintiff’s allegations and the legal basis for the lawsuit. The defendant is then served with a summons and a copy of the complaint, providing formal notice of the legal action.

1. Pleadings: The initial phase of litigation involves pleadings, where both parties submit written statements. The plaintiff files a complaint, and the defendant responds with an answer, which may include counterclaims against the plaintiff. This exchange of documents establishes the issues in dispute and the positions of each party.

2. Discovery: Discovery is a critical phase where both parties gather evidence to support their claims and defenses. This process includes depositions, interrogatories, requests for documents, and admissions. Discovery ensures that both parties have access to relevant information, promoting transparency and fairness in the litigation process.

3. Pre-Trial Motions: Before the trial, parties may file various motions to resolve specific issues or potentially dismiss the case. Common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions aim to streamline the trial by addressing legal and procedural matters in advance.

4. Trial: If the case proceeds to trial, both parties present their evidence and arguments before a judge or jury. The trial involves opening statements, witness examinations, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining the outcome of the case.

5. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If these motions are denied, the losing party can appeal the decision to a higher court. The appellate court reviews the trial record and determines whether legal errors were made that could have affected the outcome.

Types of Litigation

Litigation encompasses various types of legal disputes, each with unique characteristics and procedures:

1. Civil Litigation: Civil litigation involves disputes between individuals, businesses, or organizations seeking monetary damages or specific performance. Common examples include contract disputes, personal injury claims, and property disputes. The burden of proof in civil cases is typically “preponderance of the evidence,” meaning that one party’s case must be more convincing than the other’s.

2. Criminal Litigation: Criminal litigation involves the prosecution of individuals or entities accused of violating criminal laws. The government, represented by a prosecutor, brings charges against the defendant. The burden of proof in criminal cases is “beyond a reasonable doubt,” a higher standard than in civil cases, reflecting the serious consequences of criminal convictions.

3. Administrative Litigation: Administrative litigation occurs when individuals or entities challenge the decisions or actions of government agencies. These cases often involve regulatory compliance, licensing, and enforcement actions. Administrative hearings are typically less formal than court trials, with specific procedures and rules governing the process.

The Role of Attorneys in Litigation

Attorneys play a crucial role in the litigation process, representing the interests of their clients and navigating the complexities of the legal system.

They provide legal advice, draft pleadings and motions, conduct discovery, negotiate settlements, and advocate for their clients in court. Effective litigation requires a deep understanding of substantive and procedural law, strategic thinking, and strong advocacy skills.

Conclusion

Litigation is a cornerstone of the legal system, providing a structured process for resolving disputes and upholding the rule of law. While it can be lengthy, costly, and adversarial, litigation remains an essential mechanism for achieving justice and accountability.

Understanding the stages, types, and roles involved in litigation is vital for anyone navigating the legal landscape, whether as a plaintiff, defendant, or legal professional.

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I am old-school when it comes
to learning. I love traditional books (paper books) because they connect me to the words on the page. I often purchase and make a habit of daily reading, and this is the only way I feel happy after a hard day of work. Books are good friends that brighten my spirit and transport me to my own world.

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