After the first instance judgment is rendered, can the plaintiff appeal for property preservation? H

An application for property preservation may be made, and the plaintiff may apply for property preservation at any stage after filing a lawsuit. After applying to the court for property preservation, the other party should provide the corresponding content to be preserved, such as the bank card preservation, and the bank account information of the other party.

Legal analysis

"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 or after the interested parties file a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid property losses. It can take months or even longer for a civil case to be accepted by the court and an effective judgment is rendered. After the court judgment takes effect, if the debtor fails to perform its obligations, it will take another period of time for the creditor to apply for enforcement.

In this process, if the debtor conceals, transfers or squanders the property in dispute or the property used for enforcement later and is not stopped, it will not only intensify the conflict between the parties, but may also make the effective judgment unable to be enforced. Some of the subject matter of the dispute, such as fruits, aquatic products, etc., are easy to rot and deteriorate, and must be dealt with in a timely manner and the price must be preserved to reduce the losses of the parties. The people's court may order the parties to provide guarantees.

On the basis of the applicant's application, the people's court may order the applicant to provide security before taking measures to preserve property in litigation. The amount of security provided shall be equal to the amount requested for preservation. If the applicant does not provide a guarantee, the people's court may reject the application.

In the event that the respondent suffers losses due to an error in property preservation in a lawsuit, the respondent can directly obtain compensation from the property secured by the applicant.

Legal basis

Criminal Procedure Law of the People's Republic of China

Article 101:Where victims suffer material losses as a result of the defendant's criminal conduct, they have the right to raise an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.

Article 102:When necessary, people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

An application for property preservation may be submitted to the people's court of first instance.

Specific legal basis: Article 103 of the Civil Procedure Opinions stipulates that in a case where a party appeals against a first-instance judgment, if the party has transferred, concealed, sold, or damaged property before the second-instance people's court receives the reported case, and it is necessary to take property preservation measures, the first-instance people's court shall take them upon the application of the parties or ex officio. A ruling on property preservation drafted by the first-instance trial court shall be promptly reported to the second-instance trial court.

After the defendant appeals, the plaintiff can apply for property preservation. If the file has not yet been transferred to the court of second instance, the court that transferred it shall take preservation measures; If the file has already been transferred to the court of second instance, the court of second instance shall rule on preservation.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 161.

In cases where a party is dissatisfied with the first-instance judgment and files an appeal, before the second-instance trial court receives the reported case, where the party has prepared for acts such as transferring, concealing, selling, or destroying property, and it is necessary to employ preservation measures, the first-instance trial court is to take them on the basis of the party's application or ex officio. The preservation ruling of the first-instance trial court shall be promptly reported to the second-instance trial court.

Article 162:Where the second-instance trial court rules to return to the army to renew the preservation measures taken by the first-instance trial court or employ new preservation measures, it may implement them on their own or may entrust the first-instance trial court to implement them.

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Shijiazhuang lawyer replied: I personally believe that the time point of property preservation is before litigation and before the judgment is pronounced, and during the appeal period after the judgment is pronounced, the first instance is completed, and the second-instance trial procedure has not yet started. As for the preservation of property before the judgment of the second instance, the law does not stipulate that the preservation of property can only be done in the people's court of first instance, and the case is also in the process of being heard by the court of second instance, so it is more appropriate to submit it to the court of second instance.

Related knowledge: Property preservation in litigation refers to the compulsory measures taken by the people's court to restrict the parties' property or the subject matter of the dispute from being violently disposed of after accepting the case but before making a judgment.

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Yes, property preservation after the first-instance judgment. Property preservation: refers to protective measures to protect the legitimate rights and interests of stakeholders or parties from losses.

It refers to the protective measures taken against the relevant property on the basis of the application of the interested party or the party or the decision of the people's court when the relevant property may be transferred or destroyed, which may cause damage to the rights and interests of interested parties or may make it difficult to enforce the court's judgment in the future. One. The following conditions shall be met for property preservation:

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 shall take the initiative to take property preservation measures without its authority; 3 The applicant must provide a guarantee, otherwise the court will dismiss the application. 4. The case must have payment content, which is a lawsuit for payment; 5 It must be prepared by one of the parties for an act that may make it difficult to enforce the judgment; 6 The application must be made during the course of the proceedings. 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. Two. Procedures for property preservation:

1 Application. For pre-litigation property preservation, the interested party shall submit an application to the court to which the lawsuit is filed before filing a lawsuit. Where the people's court accepts the application and rules for preservation, the ruling for preservation shall be lifted if the applicant does not file a lawsuit within 15 days.

Litigation property preservation may be applied for at the same time as the lawsuit is filed, or it can be applied for after the lawsuit is filed. 2 Warranties. The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.

3 Ruling. Where a party applies for pre-litigation preservation, the people's court must make a ruling within 48 hours of accepting the application, and once the ruling is made, it will take legal effect, and the party may not appeal if it is not satisfied, but may apply for reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period. 4 Lift.

The effect of the ruling on property preservation shall end at the time of enforcement of the effective legal document, and if it is necessary to raise the floor of the preservation measures in the course of litigation, the court shall promptly make a ruling to lift the preservation ruling, and if the reasons and conditions for property preservation have changed, and preservation is not necessary; The respondent provides corresponding guarantees; The applicant for pre-litigation preservation has not filed a lawsuit within 15 days, etc. 5 Indemnification. If the party makes a mistake in applying for property preservation, and the respondent suffers losses as a result of the property preservation, the applicant shall be liable for compensation.

Summary. Hello, during the defendant's appeal, you can apply for property preservation, just submit an application to the court.

The defendant appealed Can I apply for property preservation during this period?

Hello, during the defendant's appeal, you can apply for property preservation, just submit an application to the court.

Hello, during the defendant's appeal, you can apply for property preservation, just submit an application to the court.

Provisions of the Supreme People's Court on the Interpretation of Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China in the Middle Reaches: Article 162: Where the People's Court of the Second Instance Rules renew the preservation measures taken by the People's Court of First Instance or adopt new preservation measures, it may implement them on its own or entrust the People's Court of First Instance to implement them. Where the people's court for retrial rules to renew the original preservation measures or adopt new preservation measures, it may implement them on its own, or may entrust the original people's court or enforcement court to implement them.

After the judgment of the first instance of divorce, the time limit for appealing due to property is 15 days. According to the relevant laws and regulations, if a party has an objection to the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the next higher level within 15 days from the date of delivery of the judgment.

Article 164 of the Civil Procedure Law: Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. Article 176:People's courts hearing appeals against judgments shall complete trial within 3 months of filing the second-instance trial of the case.

Where there are special circumstances that require an extension, it is to be approved by the president of that court. People's courts hearing appeals against model rulings shall make a final judgment within 30 days of filing the case in the second-instance trial.