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| 中华人民共和国民事诉讼法（英文版）（下） |
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| http://www.dffy.com 2007-1-19 17:17:42 来源：东方法眼 |
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If the application is untenable, the people s court shall render an order to reject it.
The debtor shall, within 15 days from the receipt of the payment warrant, clear off his debts or submit a written objection to the people s court.
If the debtor has neither submitted an objection nor complied with the payment warrant within the time limit specified in the preceding paragraph, the applicant may apply to the people s court for execution.
Article 192. The people s court shall, on receiving the written objection submitted by the debtor, make an order to conclude the summary procedure for recovering a debt and the payment warrant shall be invalidated automatically, the creditor may then institute a lawsuit.
CHAPTER XVIII PROCEDURE FOR PUBLIC INVITATION TO ASSERT CLAIMS
Article 193. Any holder of a bill which may be endorsed over according to regulations may, if the bill is stolen, lost, or missing, apply for public invitation to assert claims to the basic people s court in the place where the bill is to be paid. The provisions of this Chapter shall apply to other matters to which, according to legal provisions, public invitation to assert claims may be applicable.
Anyone who applies for public invitation to assert claims shall submit to the people s court an application which shall clearly states the main contents of the bill such as the face amount, the issuer, the holder, the endorser, and the grounds and facts on which the application is made.
Article 194. The people s court shall, upon deciding to accept the application, notify the payor to suspend the payment, and within 3 days issue a public notice to invite the interested parties to assert claims. The time limit of the public notice shall be at the discretion of the people s court, however, it shall not be less than two months.
Article 195. The payor shall, on receiving the notification on suspension of payment issued by the people s court, suspend its payment till the conclusion of the procedure for public invitation to assert claims.
Within the time limit of the public notice, any act relating to the transfer of the rights in the bill shall be of no force.
Article 196. The interested parties shall apply to the people s court for asserting claims within the time limit of the public notice. After receiving an application of the interested party for asserting claims, the people s court shall make an order to conclude the procedure for public invitation to assert claims and notify the applicant and the payor.
The applicant or the claimant may institute a lawsuit in the people s court.
Article 197. If no one asserts claims, the people s court shall make a judgment on the basis of the application to declare the bill null and void. The judgment shall be announced in a public notice, and the payor of the bill shall be notified of the judgment. As of the date of the public notice, the applicant shall be entitled to claim payment from the payor.
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本文关键词：民事诉讼
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