Under what conditions can the law provide for the preservation of another person s property?

1. In property preservation, the determination of the scope of property: if the application is made by the parties to the litigation, the scope of the property shall be determined according to the application of the parties; Where it is made by the court on the basis of its authority, the court is to make a decision.

2. If the property rights of the real estate are unclear and there is no real estate certificate, preservation will generally not be given.

Parties applying for litigation preservation generally submit an application in writing. However, in special circumstances, if the party has real difficulties in writing, it may be submitted orally, and the people's court shall record and attach it to the case file, and the applicant shall sign and affix a seal.

The measures for property preservation include sealing, seizure, freezing, extraction, detention, etc., and the measures requested by the parties to be taken by the court must be stated in the application, which must be affirmative and specific, and cannot be ambiguous. Otherwise, the court may dismiss it.

The application for pre-litigation preservation is made before the lawsuit is filed, and the proceedings have not yet begun; The time for applying for litigation preservation is after the commencement of litigation proceedings and before the people's court makes a judgment for enforcement, and no application for litigation preservation can be made after the commencement of enforcement.

The pre-enforcement preservation period is after the legal instrument takes effect and before the enforcement procedure begins. If the creditor does not apply for preservation due to an emergency such as the transfer of property by the other party, which may lead to the inability to enforce or difficulty in enforcing the effective legal document, it may apply to the enforcing court for preservation measures, and if the creditor does not apply for enforcement within 5 days after the expiration of the performance period specified in the legal document, the court shall lift the preservation.

After filing a lawsuit with a people's court, applying for property preservation and providing corresponding guarantees; In an emergency, an application for pre-litigation preservation before filing a lawsuit also requires the provision of corresponding guarantees.

It is possible to apply for property preservation only if it is lost.

You mean to say that the law is at the mercy of others.

Legal analysis: If a person who has an interest in the property will suffer irreparable damage if he does not apply for preservation of his legitimate rights and interests, he or she may apply to the people's court where the property is located for real estate preservation measures before litigation or arbitration in advance.

Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China If 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 the place where the property to be preserved, the domicile of the applicant, or the people's court with jurisdiction over the case is to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not mention the guarantee provided by Chunchang, the application shall be rejected.

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 litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Legal analysis: 1. In property preservation, the determination of the scope of property: if it is applied by the parties to the litigation, the scope of the property shall be determined according to the application of the parties; Where it is made by the court on the basis of its authority, the court is to make a decision.

2. If the property rights of the real estate are unclear and there is no real estate certificate, preservation will generally not be given. Parties applying for litigation preservation generally submit an application in writing.

Legal basis: Civil Code of the People's Republic of China

Article 208:The establishment, alteration, transfer, and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Legal Analysis: The property can be preserved if the following conditions are met:

1. There are two conditions for property preservation before litigation: The property preservation must be urgent due to the urgency of the situation, and the legitimate rights and interests of the person who do not immediately apply for property preservation will suffer irreparable damage. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, the people's court shall reject the application.

2. The conditions for property preservation in Xiang's previous litigation must be met: that is, the judgment may be unenforceable or difficult to enforce due to the behavior of one of the parties or other reasons.

Legal basis: Article 100 of the Civil Procedure Law of the People's Republic of China: 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 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 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, if the situation is urgent and cautious, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Legal analysis: the property can be preserved if it meets the following conditions: 1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests; 2. 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; 3. The applicant must provide a guarantee, otherwise the court will reject the application; 4. The case must have payment content, which is a lawsuit for payment; 5. It must be the act of one of the parties that may make it difficult to enforce the judgment; 6. The application must be made in the course of the litigation.

When necessary, the court may also rule ex officio to adopt measures to preserve litigation assets; 7. The applicant provides a guarantee. This is not the case if the court does not order the provision of security.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 101: Where an interested party's lawful rights and interests will be irreparably harmed if they do not immediately apply for preservation due to an urgent situation, they may apply to the people's court for the place where the property subject to preservation is located, the domicile of the respondent, 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.

If the applicant does not file a lawsuit or apply for arbitration in accordance with the law within 10 days after the people's court has taken the preservation measures, the people's court shall lift the preservation.

Article 102: Preservation is limited to the scope of the request or property related to the case.

The following conditions can be met: 1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests; 2. The interested party must apply to the people's court where the property is located, and the court shall take the initiative to take property preservation measures without its authority; 3. The applicant must provide a guarantee, otherwise the court will reject the application; 4. The case must have payment content, which is a lawsuit for payment; 5. It must be the act of one of the parties that may make it difficult to enforce the judgment; 6. The application must be made in the course of the litigation. When necessary, the court may also rule ex officio to adopt litigation property preservation measures; 7. The applicant provides a guarantee.

This is not the case if the court does not order the provision of security. Article 101 of the Civil Procedure Law of the People's Republic of China Article 102 of the Civil Procedure Law of the People's Republic of China.