What is property preservation? What is property preservation?

Property preservation refers to the legal measures taken by the people's court to seize and detain the debtor's property according to the application of the parties to prevent the disposition, transfer and loss of the property from becoming unenforceable.

Property preservation is divided into pre-litigation property preservation and litigation property preservation, and how to apply it should be answered by consulting a lawyer.

1. What is property preservation?

1. Property preservation is a litigation system in which the people's court, in order to ensure the actual enforcement of a civil judgment or avoid property losses, takes compulsory measures to restrict the disposition of the parties' property or the subject matter of the dispute on the property of the parties before or after the parties file a lawsuit, on the basis of the application of the interested parties or the parties or ex officio, so as to ensure that the effective judgments can be enforced in the future.

2. Legal basis: Article 95 of the Civil Procedure Law of the People's Republic of China.

Where the respondent provides a guarantee after the enforcement of property preservation begins, the people's court shall dissolve the property. After a people's court decides to adopt preservation measures, no unit may lift the preservation measures during the period of property preservation, except for the people's court that made the preservation measures and the people's court at a higher level decides to do so.

Where a party is dissatisfied with a decision to accompany property preservation, it may apply for a reconsideration once, and the enforcement of the ruling is not stopped during the reconsideration period.

Where the debtor's property cannot meet the request for preservation measures, but there is a due creditor's right against a person not involved in the case, the people's court may, on the basis of the creditor's application, rule that the outsider must not repay the debtor. However, the people's courts should not take preservation measures against their property.

II. What are the conditions for applying property preservation?

1. The case must be a case with property payment content. In cases where there is no content of property payment, there is no issue of property enforcement, and therefore there is no need to apply property preservation. Only in cases where there is a content of property payment can property preservation be applied;

2. It must be a case in which the future judgment cannot be enforced due to the behavior of one of the parties or other reasons. The "conduct of one of the parties" here generally refers to the transfer, sale, squandering, concealment, or destruction of the disputed property or property related to the case in the possession of a party in the case in bad faith. "Other reasons" generally refer to the destruction or inability to preserve the subject matter of the dispute due to its own characteristics and other reasons, such as long-term storage of food that may spoil or decay.

In short, as long as there is a possibility that it will be difficult or unenforceable for future effective judgments, the property preservation procedure can be applied;

3. The other party must apply for or the people's court shall take the initiative to initiate the litigation preservation procedure ex officio when necessary. The litigation preservation procedure is mainly initiated on the application of the other party. The people's court may order the applicant to provide a guarantee when employing property preservation measures; If the applicant does not provide a guarantee, the application shall be rejected.

If there is an error in the application, the applicant shall compensate the respondent for the losses suffered by the respondent due to property preservation. Trembling pants.

Legal analysis: "Property preservation" refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or the subject matter of the dispute before or after the interested party files a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid property losses. The following conditions shall be met for property preservation:

The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests; The interested party must submit an application to the people's court where the property is located, and the court does not take the initiative to take property preservation measures ex officio; The applicant must provide a guarantee or the court will dismiss the application.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 100: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China" Article 152:Where a people's court follows the provisions of articles 100 and 101 of the Civil Procedure Law to order an interested party or party to provide a guarantee when employing pre-litigation preservation or litigation preservation measures, it shall give written notice. Where interested parties apply for pre-litigation preservation, they shall provide a guarantee. Where an application is made for pre-litigation property preservation, a guarantee equivalent to the amount requested for preservation shall be provided; Where there are special circumstances, the people's courts may handle it at their discretion.

Where an application is made for pre-trial act preservation, the amount of security is to be determined by the people's court on the basis of the specific circumstances of the case. In litigation, where the people's court adopts preservation measures upon application or ex officio, it shall, on the basis of the specific circumstances of the case, decide whether the parties should provide security and the amount of the guarantee.

Summary. Hello, property preservation is a temporary measure to protect the interests of creditors. Property preservation refers to an order issued by the court to restrict or control the use and disposal of the debtor's property when the property involved in litigation or the property that is not involved in litigation but is already in a state of dispute is affected by certain factors that may make it difficult or unenforceable to enforce a judgment in the future.

It can prevent the debtor from transferring and concealing assets to ensure the enforcement of future judgments. <>

Hello, property preservation is a temporary measure to protect the interests of creditors. Property preservation refers to an order issued by the court to restrict or control the use and disposal of the debtor's property upon the application of the creditor when the property involved in the lawsuit or the property that is not involved in the litigation but is already in a state of dispute is affected by certain factors, which may make it difficult or unenforceable to enforce the judgment in the future. It can prevent the debtor from transferring and concealing assets to ensure the enforcement of future judgments.

According to Article 100 of the Civil Procedure Law of the People's Republic of China, the people's court may, on the basis of the application of the other party, rule to preserve the property of the party, order it to perform certain acts, or prohibit the former from doing certain acts; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary. <>

Property preservation is a compulsory management measure taken by the people's court for property related to a case.

Pre-litigation preservation and litigation preservation. It is applicable to situations where one of the parties may transfer, conceal or destroy the relevant property, causing damage to the rights and interests of interested parties, or making it difficult to enforce the judgment of the court. The parties may apply to the court on their own initiative, or the court may make a ruling ex officio.

The role of applying for property preservation:

The method of applying for property preservation in a timely manner is that if the interested party does not immediately apply for preservation due to the urgency of the situation, it will suffer irreparable damage to its lawful rights and interests, it may apply to the people's court with jurisdiction over the case at the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.

Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.

The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate a lawsuit or apply for arbitration in accordance with law within 30 days after the people sue the court for taking measures to preserve the tomb, the people's court shall lift the preservation. <>

For property preservation is mostly used in economic disputes, which is understood by most people who have had economic disputes, so what is Shanju property preservation? How, exactly? Let's talk about it in detail below, please see below:

1. Property preservation:

"Property preservation" refers to the people's court's adoption of compulsory measures restricting the disposition of the parties' property or the subject matter of the dispute before the interested party initiates a lawsuit or after the party files a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid the loss of property in the financial search.

Article 100 of the Civil Procedure Law of the People's Republic of China stipulates that: "In cases where it is difficult to enforce the judgment or cause other damage to the parties due to the acts of one of the parties or other reasons, the people's court may, upon the application of the other party, rule to preserve the property, order the party to perform certain acts, or prohibit the party from doing certain acts; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary. The people's court may order the applicant to provide a guarantee when employing property preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ property preservation measures, enforcement shall begin immediately. ”

2. Scope of property preservation

The function of property preservation is to prevent the parties from disposing of the disputed subject matter before the people's court makes a judgment or from disposing of the property used for enforcement after the judgment takes effect, so as to prevent the expansion of the dispute and ensure the enforcement of the effective judgment. However, if the people's court improperly adopts property preservation measures, it will cause damage to the property rights and personal rights of the parties. For example, freezing all of the parties' bank deposits will restrict the business activities of the other party beyond the scope of the applicant's request.

Article 102 of the Code of Civil Procedure stipulates that "preservation shall be limited to the scope of the request or property related to the case. "The relevant judicial interpretations of the Supreme People's Court also hold that when a people's court adopts property preservation measures, the scope of preservation shall be limited to the property disputed by the parties or the property of the defendant, and property preservation measures shall not be taken against the property of persons not involved in the case.

Preservation measures must generally not be taken against property related to the case that is acquired in good faith by persons not involved in the case. Therefore, the scope of property preservation cannot exceed the scope requested by the applicant, or the value of the disputed property. The purpose of property preservation can only be achieved within the scope of the request of the parties or interested parties, so that the rights and interests of the applicant can be realized, and undue losses to the respondent can be avoided.

3. Costs of property preservation:

According to the amount of property actually preserved, it shall be paid according to the following standards:

If the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each piece; The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.

However, you will have to provide security for the same amount as the subject matter of your lawsuit.