If an application for litigation preservation is made, can there be a priority right to compensation

1. There is no priority to be compensated.

2. The lease is not broken by the sale, which means that it does not affect the continued lease. According to this principle, C can continue the lease for the term of the lease without being affected. However, it does not have a right of first refusal, but only a right of first refusal when the house is sold.

3. The people's court has no right or obligation to notify the creditor to file a lawsuit. Whether to sue or not is the discretion of the creditor and can be voluntarily waived.

d Later, when he became aware of AB's lawsuit and requested to join the lawsuit, the court should notify him to file a separate lawsuit.

After the court judgment in AB's case is pronounced but before execution, the court claims that A's property will also be shared, but the court will not accept it and inform it to file a separate lawsuit.

Equality of debts refers to equality within the same debt. You're referring to four different debts. If the parties sue at the same time, and the debtor is insolvent, and none of the creditors have other priorities, they can previously divide the debtor's property evenly on a pro rata basis.

There is also a situation in which the debts of all creditors are treated equally when the enterprise goes bankrupt, and of course, the debts are equal except for some preferential claims such as mortgage rights and state taxes.

If an application for litigation preservation is made, can there be a priority right to compensation?The answer is no. I only need two points to suffice.

Legal analysis: Whether there is a priority right to be compensated for property preservation in civil litigation depends on whether there is a security interest in the property to be preserved, and if there is no security interest, the applicant for preservation has the priority right to be compensated. The applicant for pre-litigation property preservation, i.e., the interested party, must file a lawsuit within 15 days after the people's court takes the preservation measures, so that disputes related to the property to be preserved can be resolved through trial.

If the interested party files a lawsuit with the people's court within 15 days, the people's court shall lift the property preservation measures.

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, and the people's court may also rule to adopt preservation measures when necessary. It can be seen that the purpose of preservation is to prevent the loss of property and avoid the failure of enforcement, and if the court does not give priority to the applicant for preservation ex officio, there is no reason for the creditor to obtain priority due to the court's act of authority.

No, during the period of property preservation, the property is frozen, and the compensation treatment cannot be carried out privately. Where the person subject to enforcement is a citizen or other organization, and all or the main property of the person subject to enforcement has been sealed, seized or frozen by a people's court for the purpose of enforcing an effective legal document determining the payment of money, and there is no other property available for enforcement or other property is insufficient to pay off all debts, other creditors who have obtained the basis for the enforcement of monetary claims against the person subject to enforcement may apply to participate in the distribution of the property subject to enforcement before the enforcement of the property subject to enforcement is completed.

Litigation preservation is only a litigation protection system, whether it is pre-litigation preservation or litigation preservation, it is to prevent the debtor from maliciously transferring during the litigation period, or disposing of the property that makes it difficult or impossible to enforce the judgment in the future, and its purpose is to better enforce it in the future, rather than equating litigation preservation with the mortgage right to enjoy the priority right of repayment in the future enforcement, if this will cause the creditor who matures first to preserve the debtor's property, and the creditor who matures later has no way to protect it even if it wants to preserve.

1. How much does it cost to apply for property preservation?

The fee to be paid for the application is calculated on a pro-rata basis according to the value of the property. Where preservation measures are applied, the following standards shall be paid according to the actual amount of property to be preserved: 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 item; 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.

Litigation preservation shall be decided by the applicant to the court filing the case or by the court ex officio, and the court may require the applicant to provide security. The method of applying for property preservation is to apply to the relevant people's court due to the conduct of one of the parties or other reasons, and the preservation is limited to the scope of the request, or the property related to the case. The time for property preservation may be before the litigation, during the litigation, or before the execution of the judgment.

If the court takes preservation measures, the court may order the applicant to provide security, and if the applicant does not provide security, the court will rule to reject the application.

Legal Analysis: There is no priority right to compensation for preservation. The purpose of preservation is to prevent the loss of property, but it does not give priority to the applicant for preservation.

When the respondent has multiple creditors and its property is insufficient to pay off all its debts, the party applying for preservation does not have the priority right to be repaid for the property to be preserved, and the property of the respondent to be preserved shall be fairly compensated by all creditors.

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 have not submitted 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 employing preservation measures, and if the applicant does not provide a guarantee, it shall 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.

Property preservation means that the People's Law Archives Court may, on the basis of the application of the other party, rule to preserve the property, order the person to perform certain acts, or prohibit the person from doing certain acts in cases where it may be difficult to enforce the judgment or cause other damage to the parties due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. Property preservation is only a compulsory measure taken to prevent the judgment from being unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons. This measure is not a guarantee for the rights of the applicant for property preservation, so when the respondent has multiple creditors and its property is insufficient to pay off all its debts, the party applying for preservation does not have the priority right to be repaid for the property to be preserved, and the property to be preserved by the person who is applied for shall be fairly compensated by all creditors.

Therefore, an application for property preservation measures does not imply priority in compensation.

Article 103 of the Civil Procedure Law: People's courts may make it difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; On the basis of the application of the other party, a ruling may be made 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, if the situation is urgent, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.