What is the understanding of the preservation, is the preserved car and house still in the preservat

1. The creditor can use personal real estate as security to apply for preservation of the property of the debtor's domicile or the court where the property is located. 2. If the application is made before filing a lawsuit, it is necessary to file a lawsuit with the court within 30 days from the date on which the preservation measures are taken, otherwise the court has the right to lift the preservation measures. 3. The Civil Procedure Law stipulates:

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might 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; 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, 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.

Article 101: Where an interested party does not immediately apply for preservation due to a tight situation in China, and its lawful rights and interests will be irreparably harmed, they may apply to the people's court for preservation measures at 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.

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

If you apply for preservation measures and the court makes a ruling on property preservation, but the property preservation measures have not been implemented, there is no statute of limitations in the preservation document, and the court shall be liable if the property to be preserved is damaged or lost. If you apply for pre-litigation property preservation and the court takes property preservation measures, but you do not file a lawsuit with the court, the preservation measures will be automatically lifted after the expiration date, and you will be responsible for this time.

Legal analysis

The property has been preserved and cannot be preserved. 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, but they may wait to be sealed, seized, or frozen. In other words, after the property has been preserved, it cannot be preserved again, but it can wait for the time for the first preservation to elapse before waiting for preservation. Therefore, the property has been preserved and cannot be preserved.

Legal basis

Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts》 Article 28 In any of the following circumstances, the people's court shall make a ruling to lift the sealing, seizure or freezing, and serve it on the person applying for enforcement, the person subject to enforcement, or a person not involved in the case

1) The property of a person not involved in the case is sealed, seized, or frozen, (2) The person applying for enforcement withdraws the application for enforcement or waives the creditor's rights, (3) The property that has been sealed, seized, or frozen by Lao Ying fails to be auctioned or sold, and the person applying for enforcement and other enforcement creditors do not agree to accept the debt, and no other enforcement measures can be taken against the property, (4) The debt has been paid off, (5) The person subject to enforcement provides a guarantee, and the person applying for enforcement agrees to lift the sealing, seizure, or freezing, (6) The people's court deems that the sealing, seizure, or freezing should be lifted. Other cases of freezing.

Where sealing, seizure, or freezing carried out by way of registration is lifted, a notice of assistance in enforcement shall be issued to the registration organs.

Legal analysis: If a house in Tongyuan Dasong has been preserved by the people's court, other courts shall not repeat the preservation, but other courts may wait for preservation, and after the preservation measures are lifted, the registered preservation shall take effect.

Legal basis: Tang Zheng "Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts" Article 2: Other people's courts may wait to seal, seize, or freeze property that has been sealed, seized, or frozen by the people's courts. Where the sealing, seizure, or freezing is lifted, the sealing, seizure, or freezing that was registered earlier will automatically take effect.

Where other people's courts are waiting for the sealing, seizure, or freezing of registered property, they shall notify the relevant registration organs to assist in waiting for registration, and the people's courts carrying out the sealing, seizure, or freezing shall allow the other people's courts to consult the relevant documents and records.

Where other people's courts are waiting to seal, seize, or freeze unregistered property, they shall make a record and have it signed by the people's court's enforcement personnel and the person subject to enforcement who carried out the sealing, seizure, or freezing, or notify the people's court carrying out the sealing, seizure, or freezing in writing.