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Official Reply of the Supreme People's Court on the Request for Instructions on Whether Bank Loan Accounts May Be Frozen [Effective]
最高人民法院《关于银行贷款账户能否冻结的请示报告》的批复 [现行有效]
【法宝引证码】

Official Reply of the Supreme People's Court on the Request for Instructions on Whether Bank Loan Accounts May Be Frozen 

最高人民法院《关于银行贷款账户能否冻结的请示报告》的批复

(No. 8 [2014] of the Supreme People's Court) ([2014]执他字第8号)

Higher People's Court of Henan Province: 河南省高级人民法院:
Your Request for Instructions on Whether Bank Loan Accounts May Be Frozen (No. 00042 [2013], HPC, Henan) has been received. Upon deliberation, the following official reply is hereby made: 你院(2013)豫法执复字第00042号《关于银行贷款账户能否冻结的请示报告》收悉,经研究,答复如下:
When banks serve as enforcement assistants, existing legal and judicial interpretations only provide that the bank deposit accounts of the party against whom enforcement is sought may be frozen, but there is a lack of basis for the freeze of their bank loan accounts. Enforcement should be achieved through the measures of controlling and disposing of the property of the party against whom enforcement is sought. A loan account opened by a bank with a the party against whom enforcement is sought as the account name is an account where the bank records information about granting a loan to and recovering the loan from the party against whom enforcement is sought, in which the balance of the account indicated should be the creditor's right enjoyed by the bank against the party against whom enforcement is sought as well as be the property of the lending bank, rather than the property of the party against whom enforcement is sought, and only the liability of the party against whom enforcement is sought to the bank.
......
 在银行作为协助执行人时,现行法律和司法解释只规定了可以对被执行人的银行存款账户进行冻结,冻结银行贷款账户缺乏依据。强制执行应当通过控制和处分被执行人财产的措施来实现。银行开立的以被执行人为户名的贷款账户,是银行记载其向被执行人发放贷款及收回贷款情况的账户、其中所记载的账户余额为银行对被执行人享有的债权,属于贷款银行的资产,并非被执行人的资产,而只是被执行人对银行的负债。
......

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