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after a boss worth tens of millions went bankrupt, the court auctioned sprite for 4.2 yuan. an execution settlement has been reached and the auction has been withdrawn. is this a show?

2024-09-23

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recently, the people's court of dafeng district, yancheng city, jiangsu province, announced an auction on the auction platform. the auction object is a bottle of sprite soda, with a starting price of 4.2 yuan and a market price of 6 yuan. the auction will start at 10:00 on october 6. auction information note: only self-collection is allowed, and mailing is not supported. the auction announcement attracted a lot of attention from netizens.

on the evening of september 23, a reporter from xiaoxiang morning news noticed that the auction had been cancelled. the alibaba auction platform showed that the parties had reached an execution settlement agreement and there was no need to auction the property.

according to reports from the yangtze evening news and other media, one of the owners of the large bottle of sprite soda is the legal person of a jiangsu biotechnology company and a marine food company. the registered capital of the two companies is rmb 5 million and usd 1.725 million respectively, with a total registered capital of over rmb 10 million.

mr. chen, one of the persons subject to execution, said in an interview with the media on the afternoon of the 22nd that his company has gone bankrupt and he has no more property to be executed. as for the future, mr. chen still hopes to work hard to change.

in the past auction records of the dafeng district people's court of yancheng city, there have been successful auctions of expired glass water at 4.08 yuan, a weight scale at 5 yuan, a vegetable washing basin at 7 yuan, etc. the court does not miss the behind of every small auction transaction, and successfully recovered part of the losses for the applicants for execution who suffered losses in related cases.

however, some netizens expressed their incomprehension of the court's auction of large bottles of sprite, believing that it was "unnecessary" and even a "waste of resources."

legal experts explain low-price auctions and enforcement settlements

chen pingfan, a legal expert of the national "double thousand plan" and director of furong law firm, said: according to my country's civil code, the auction of the court is carried out in accordance with legal procedures. auction is a means of execution, which aims to repay debts by selling the property of the person subject to execution. the purpose of the auction is to protect the rights and interests of creditors and ensure that the person subject to execution performs his obligations in accordance with the judgment or ruling of the court.

the low-price auction may be due to the low market value of the property being executed or to realize the property as soon as possible, aiming to maintain the fairness of the law and the rights and interests of creditors. as for the view of netizens that the low-price auction is meaningless to the parties involved in the case and is a show, we can evaluate it from the following aspects.

first, auction is a means of execution, the purpose of which is to pay off debts, not to pursue high prices. second, the low price of the auction may be due to the low market value of the property being executed or to realize cash as soon as possible. finally, the auction behavior of the court is carried out in accordance with legal procedures, aiming to maintain the fairness of the law and the rights and interests of creditors.

therefore, we can consider the court's auction behavior to be legal and of certain significance.

chen pingfan said that execution settlement refers to a way in which creditors and debtors reach an agreement through negotiation, resolve disputes and reach a settlement during the execution procedure.the significance of execution and settlement is that it can avoid long-term litigation disputes and reduce the costs and risks of both parties. execution and settlement can enable the parties to the case to resolve disputes in a shorter period of time and reach an agreement acceptable to both parties, thus achieving a win-win situation. execution and settlement can also reduce the burden on the court and improve judicial efficiency.

xiaoxiang morning news reporter zeng yonghong cao wei