How to apply for property preservation, how to apply for 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.

Legal analysis: Property preservation is divided into: pre-litigation property preservation and litigation property preservation.

For pre-litigation property preservation, apply to the people's court where the property is located, and the applicant shall provide a guarantee and file a lawsuit with the court with jurisdiction within 15 days.

For the preservation of litigation property, the applicant shall apply to the court filing the case or the court shall decide by its authority, and the court may require the applicant to provide security.

Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China Where an interested party does not immediately apply for preservation due to an urgent 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 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 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.

The procedures for applying for preservation of property in Rata are as follows:

1. To apply for pre-litigation property preservation, the interested party shall submit an application to the court to which the lawsuit is filed before filing the lawsuit. Where the people's court accepts the application and rules for preservation, the ruling for preservation shall be lifted if the person applying for the dismantling does not file a lawsuit within 30 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. The applicant provides clear clues.

3. The people's court may order the applicant to provide a guarantee, and if the applicant fails to provide a guarantee, it shall request rejection.

4. If a ruling is made on a party to apply for pre-litigation preservation, the court shall make a ruling within 48 hours after 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.

1. Provide guarantees. Where a people's court adopts litigation preservation measures, the applicant must provide a guarantee or pay a security deposit, and the parties must submit an application that meets the statutory requirements. 2. In order to prevent property damage.

Only when there is a danger of damage or loss to the property in dispute, or where there is evidence that the respondent may conceal, transfer, or sell its property, the people's court may rule to take property preservation measures ex officio. 3. The preservation is limited to the disputed property. 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.

No preservation measures may be taken against the property of a person not involved in the case, nor shall property preservation measures be taken in connection with the case that is acquired in good faith by a person outside the case. Where the respondent provides the corresponding amount and has property available for enforcement as security, the people's court shall promptly lift the property preservation 4. The court applying for it. For pre-litigation property preservation in divorce, the parties shall apply to the people's court where the property is located.

After the people's court has adopted pre-litigation property preservation, if the applicant files a lawsuit, it may be filed with the people's court that adopted the pre-litigation property preservation or other people's court with jurisdiction. 5. Preservation of immovable property. The people's court may seize the relevant property title certificate for property preservation and property preservation of specific movable property (such as vehicles, ships, etc.), and the interested party in the case shall apply to the court with jurisdiction for property preservation; 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.

If the application is made before litigation, and 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 30 days. 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 after the draft is drafted.

Legal basis: Article 103 of the Civil Procedure Law provides that in cases where it is difficult to enforce a judgment or causes other damage 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, arbitrarily 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 interested party must submit an application to the people's court of the place where the property is located, and the court Duan Fanpin does not take the initiative to take property preservation measures ex officio; 3.The applicant must provide a guarantee or the court will dismiss the application. 4.

The case must have payment content, which is a lawsuit for payment; 5.must be the act of the party holding the participant that is likely to 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.

1. Interested parties may apply to this court for property preservation before filing a lawsuit due to the urgency of the situation, and after accepting the application for property preservation before litigation, this court makes a ruling within the prescribed time limit and rules to adopt property preservation measures, it shall be immediately enforced.

2. If a party submits an application for property preservation, a ruling on property preservation may be made after examination; Where the parties do not submit an application, a ruling may also be made to employ property preservation measures when necessary.

3. If the parties submit pre-litigation preservation but fail to provide security, the application shall be rejected.

4. If the parties are dissatisfied with the ruling on property preservation, they may apply for reconsideration once.

When can I apply 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 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 for the preservation of property in the middle of the lawsuit;

7. The applicant provides a guarantee (if the Fahujian Court does not order the provision of a guarantee, it may be exempted from this restriction), such as:

In any of the following circumstances, the people's court may not require the person applying for preservation to provide a guarantee:

1) Applying for property preservation in a lawsuit for compensation for work-related injuries or personal injury in a traffic accident;

2) Commercial banks, insurance companies and other financial institutions apply for property preservation.

3) The facts of the case are clear, the relationship between rights and obligations is clear, and failure to take preservation measures in a timely manner may cause serious consequences.

Where alimony, alimony, child support, pensions, medical expenses, or labor remuneration are recovered, they may directly apply to the people's court for enforcement in advance.

Legal basis

Article 103 of the Civil Procedure Law.

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; If the parties do not submit an application for sale, the people's court may also rule to adopt preservation measures when necessary.