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时下,发包方欠款较为普遍。承包方难以如期获取发包方的履约付款,遭遇发包方歇业、解散、倒闭、破产更是屡见不鲜。这种欠款纠纷案件屡屡诉诸于法律,但完全维护权益难,执行判决更难。有些中小型施工企业倦怠于诉讼,采取其他办法索取欠款往往不成功,却又常因误过诉讼期限而遭受损失。这是一宗真实的案件,张玉昌律师到海南代理这场官司历时两年半。文中的案例较为典型,其讨债九年的教训发人深省,得以胜诉的法律应用值得借鉴,尤其是诉讼程序方面的法律问题值得参考。
Nowadays, outsourcing parties arrears more common. It is difficult for the contractor to obtain the performance payment of the contractor as scheduled, and it is not uncommon for the contractor to be closed, dissolved, closed down and bankrupt. This arrears of disputes often resorted to the law, but the full safeguard of rights and interests, the implementation of the sentence more difficult. Some small and medium-sized construction enterprises are often tired of litigation and are often unsuccessful in using other methods to claim arrears, yet they often suffer losses due to misunderstandings of litigation time. This is a real case, Zhang Yuchang lawyer to Hainan agent this lawsuit lasted two and a half years. The case of the article is typical, the lessons of nine years of debt collection thought-provoking, the successful application of the law worth learning, especially the legal aspects of litigation should be worthy of reference.