On the one hand, the hotel is difficult to operate.

Author:Sichuan rule of law Time:2022.08.10

The Sichuan rule of law-Sichuan News Client News (Reporter Zhou Xi also) Affected by the epidemic, the customer source of the hotel industry is unstable, and the guests in the hotel are reduced. Recently, the reporter learned from the Jinniu District Court of Chengdu that with the efforts of the executive judge, the two parties to execute the case shake hands and reach a settlement agreement, agreed that the hotel pays 2720 yuan to Tang's monthly until the case is settled.

There was a store in Tang in the name of Tang. Feng just wanted to rent a hotel. The two parties had a long communication and finally signed a rental agreement. After Tang gave the key to Feng, Feng also remitted the rent to Tang in accordance with the agreement. After a few months, it was on the date of paying the rent. After Tang's phone communication was unsuccessful, he came to the hotel to urge him to face it. As a result, the rent could not be received. In a fierce, Tang sued to the court. After the case was adjusted, Feng still did not fulfill the obligation of rental payment, and Tang applied to the court for compulsory implementation.

After the application was implemented, the executive judge learned that Feng did not fulfill the obligation to pay the rent because he did not fulfill the content of the mediation. Before the application was implemented, there have been many disputes between the two parties. Tang's husband even went to the hotel to "sleep for a long time."

After inquiries during execution, there is no mandatory property under the name of the executed person, but the hotel is still in a normal operating state. If it is implemented in accordance with relevant regulations, and the seizure and seizure measures for the hotel and its property can be implemented, although it can promote the enforcement activity, the hotel does not pay the rent according to the agreement. Cause. If it is mechanically sealed, seized, evaluated, and auctioned, it is bound to stuck the throat of small and micro enterprises under the epidemic, making it difficult for them to survive and even face the risk of closure. In this way, not only the rent of the executor cannot be fulfilled, but the hotel employees may also be in a state of unemployment, which will trigger a series of bad social consequences.

On the one hand, the actual difficulties of the hotel, on the other hand, the legitimate rights and interests of the application for the executor, how to balance the interests of the two parties? This has a problem for executive judges. The executive judge repeatedly explained and profoundly analyzed the legal representative of the hotel who was stranded in the world through telephone, WeChat and other methods. Unconscious of illegality of this behavior.

At the same time, in order to prevent the application of the executor Tang's unable to make an overwhelming act in place because of the case, the executive judge continued to soothe the applied executive emotions and patiently told him the objective difficulties of hotel operations under the impact of the epidemic. Finally, with the unremitting efforts of the judge, the two parties shook hands and reached a settlement agreement. The hotel paid 2720 yuan to Tang each month until the case was settled. If the executed person still fails to perform its legal obligations in accordance with the settlement agreement, the court will resume the implementation of the next step and take corresponding compulsory measures according to the case.

The proper handling of this case reflects the court's goodwill enforcement concept. While saving judicial resources and improving judicial efficiency, it not only guarantees the legitimate rights and interests of the applicant, but also leaves survival for small and micro enterprises that have been affected by the epidemic. Space realizes the unity of legal effect and social effects.

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