Whether the defendant is informed of the property preservation, and whether the plaintiff s property

If a party applies to the court for property preservation, the person subject to enforcement (i.e., the respondent) will not receive the notice in advance.

If the court carries out property preservation according to the application of the parties, its purpose is to prevent the respondent from transferring assets in order to avoid debts, so the court will not notify the respondent before taking preservation measures, but will notify the respondent immediately after the property is preserved.

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.

You should be notified immediately of an application for preservation.

Article 103 of the Civil Procedure Law stipulates that:

Property preservation is to employ sealing, seizure, freezing, or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved. Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly.

Accordingly, the court shall notify the person whose property has been preserved immediately after the property has been preserved.

Legal analysis: the court will not notify the defendant in advance of the enforcement of property preservation, because the purpose of property preservation is to prevent the respondent from evading debts or transferring assets, if notified in advance, the real role of property preservation will be greatly reduced, but after the court has taken property preservation measures, such as freezing the bank card of the party, the respondent will be notified immediately.

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 the party acting as the party or other reasons, the people's court may, upon the application of the opposing party, rule to preserve the party's 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 be immediately initiated.

If the court has made a property preservation without notifying the defendant, the court is not liable, as follows:

1. If the applicant requests the court to preserve the defendant's property, the defendant may not be notified in advance, and the defendant will be notified when the preservation is completed. The court has transferred the property before the court judgment for the sake of the parties, that is, the executor, or the court has made a judgment that is difficult to enforce;

2. The property preservation process of the court is divided into the pre-litigation property preservation process and the litigation property preservation process. The pre-litigation property preservation process is that the interested party submits an application to the people's court where the property is located and provides a guarantee, and the people's court that does not provide a guarantee will reject the application. The process of property preservation in litigation is that the parties submit an application to the people's court receiving the lawsuit, or the people's court decides to carry out property preservation ex officio, and when the people's court accepts the application, it may order the applicant to provide security.

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 accepting the application, the people's court must make a ruling within 48 hours, and 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. Article 103: Property preservation is to employ sealing, seizure, freezing, or other methods provided for by law. After the people's court has preserved its assets, it shall immediately notify the person whose property has been preserved.

Hail of the base skin where property has already been sealed or frozen must not be sealed or frozen repeatedly. Article 110:Litigation participants and other persons shall abide by court rules. People's courts may admonish those who violate court rules, order them to leave the courtroom, or impose fines or detention.

The people's courts shall pursue criminal responsibility in accordance with law for those who make a disturbance or storm the courtroom, insult, slander, threaten, or assault adjudicators, or seriously disrupt courtroom order, and where the circumstances are more minor, they shall be fined or detained.

Legal Analysis: The defendant will be notified of the property preservation. If the interested party does not immediately apply for preservation due to the urgency of the situation, and its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case to take preservation measures 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.

Legal basis: Article 103 of the Civil Procedure Law of the People's Republic of China Article 103 Property preservation shall be by sealing, seizing, freezing, or other methods prescribed by law. It should be noted that where property has already been sealed or frozen, it must not be sealed or frozen repeatedly.

According to Shoufeng, the court will notify the defendant when enforcing property preservation, which is also in line with the principles of fairness, justice and openness of the law.

If a party applies to the court for property preservation, the person subject to enforcement will not receive notice in advance.

If the court carries out property preservation based on the application of the parties, its purpose is to prevent the respondent from transferring assets in order to avoid debts, so the court will not notify the respondent before taking preservation measures, but will notify the respondent immediately after the property is preserved.

According to Article 100 of the Civil Procedure Law, the people's court may, upon the application of the other party, rule that the property of the other party shall be preserved in the Hu Imperial Mausoleum, 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 party 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.

Article 103 stipulates that property preservation shall be by sealing, seizing, freezing or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved.