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法院在审理民事案件过程中,在法院开庭后、判决前,被告企业发生改制,企业的性质及名称均发生变更,而在法院判决时没有考虑这一因素,判决中的被告仍是改制前的企业。在案件执行过程中,改制后的企业拒绝配合法院执行,出现这种情况时法院应当如何处理?本文认为,企业变更并不能对抗法院生效的裁判,变更后的企业应当对变更前企业的债务承担责任,法院应当直接通过执行裁定变更案件被执行为改制后的企业。
In the course of hearing civil cases, the court changed the system of the defendant before the judgment, and the nature and name of the enterprise changed. However, this factor was not taken into consideration in the judgment of the court. The defendant in the judgment was still the same as before enterprise. In the case of the implementation of the case, after the restructuring of the enterprise refused to cooperate with the court, in which case the court should be how to deal with? This paper believes that the change of the enterprise can not be effective against the court referee, after the change of the enterprise should be debt before the commitment of enterprises Responsibility, the court should directly through the implementation of the decision to change the case was executed as a restructuring of the enterprise.