Whether the subject matter of the litigation to be enforced can be preserved by litigation

Although it is the subject matter of litigation pending enforcement, the people's court still has the right to preserve property as long as it complies with the provisions of the law.

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'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 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.

1. In the enforcement stage, the court may take measures such as sealing and freezing the property belonging to the person subject to the application for enforcement;

2. However, if the party has not entered the enforcement stage, the party can only seize or freeze the party's property by applying for property preservation, and must provide a deposit or credit guarantee.

Legal analysis: If there is no security interest in the property for which enforcement is sought, the party applying for property preservation shall be compensated in priority. If there is a security interest, the security interest shall be repaid in priority, and the applicant for preservation shall be compensated after the security interest has been satisfied.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Provisional).

Article 88: Where multiple creditors have determined the content of monetary payment in multiple effective legal documents, and each creditor separately applies for enforcement against the same person subject to enforcement, and each creditor has no security interest in the subject matter of enforcement, it shall be compensated in accordance with the order in which the enforcement court takes enforcement measures. Where multiple creditors have different types of claims, claims based on ownership and security interests have priority over monetary claims. Where there are multiple security interests, the repayment shall be made in accordance with the order in which each security interest is established.

Where multiple creditors who have determined the content of monetary payment in an effective legal document apply for enforcement against the same person subject to enforcement, and the property to be enforced is insufficient to pay off all debts, and each creditor has no security interest in the subject matter of enforcement, it shall be repaid in accordance with the proportion of each creditor's right.

Article 93: Creditors who have priority or security interests in property sealed, seized or frozen by the people's courts may apply to participate in the distribution procedures and claim the right of priority to be repaid.

Only when the following six conditions are met at the same time can enforcement measures be taken against the due creditor's rights of the person subject to enforcement: 1. The person subject to enforcement cannot pay off the debt. 2. The person subject to enforcement has a due and prudent creditor's right against a third party.

3. The applicant for enforcement shall submit an application for enforcement to the people's court for the due creditor's rights of the person subject to enforcement. 4. Before the people's court takes compulsory enforcement measures against a third party, it shall first issue a notice of assistance in enforcement, together with a copy of the effective legal document, and notify the third party to perform the debt to the applicant for enforcement within the specified time limit. 5. The third party has no objection to the due debt.

6. The third party fails to perform within the time limit specified in the notice. If the third party has only performed part of the service, it may be enforced against the part that has not been performed.

According to Article 240 of the Civil Procedure Law, the executor shall issue an enforcement notice to the person subject to enforcement upon receipt of the application for execution or the transfer of the execution document, and may immediately take enforcement measures.

Summary. Hello, this question is up to me I can't enforce the preservation money of the person subject to enforcement in another case Legal analysis: No.

1. First of all, there must be a report of the person applying for execution or the person subject to enforcement. "It may be upon application of the person applying for enforcement or the person subject to enforcement. That is to say, to enforce the due claims of the person subject to enforcement, the applicant for enforcement or the person subject to enforcement must submit an application for enforcement.

Some people believe that the application of the person applying for enforcement or the person subject to enforcement is a necessary procedure for enforcing the debtor's due creditor's rights. 2. Secondly, the person subject to enforcement is unable to pay off the debt. "The person subject to enforcement cannot pay off the debt.

This clearly tells us that it means that if the person subject to enforcement has no property that is convenient for enforcement, it can be regarded as temporarily unable to perform. The so-called due creditor's right refers to the claim owed by the third party to the person subject to enforcement who has reached the repayment period and should be recovered immediately. 3. Again, no objection.

It means that the third party has no objection to the due creditor's right to be enforced, that is, the third party recognizes the debt owed and has no dispute, or the creditor's rights and debts relationship between the third party and the person subject to enforcement is clear, such as a court award, arbitration decision, legal document with the validity of notarized documents, etc. If a third party raises an objection to the due creditor's right, the people's court cannot enforce it.

Hello, this question is up to me I can't enforce the preservation money of the person subject to enforcement in another case Legal analysis: No. 1. First of all, there must be a report of the person applying for execution or the person subject to enforcement.

"It may be upon application of the person applying for enforcement or the person subject to enforcement. That is to say, to enforce the due creditor's rights of the person subject to enforcement, the executor or the person subject to enforcement is requested to submit an application for enforcement. Some people believe that the application of the person applying for enforcement or the person subject to enforcement is a necessary procedure for enforcing the debtor's due creditor's rights.

2. Secondly, the person subject to enforcement is unable to pay off the debt. "The person subject to enforcement cannot pay off the debt. This clearly tells us that it means that if the person subject to enforcement has no property that is convenient for enforcement, it can be regarded as temporarily unable to perform.

The so-called due creditor's right refers to the claim owed by the third party to the person subject to enforcement who has reached the repayment period and should be recovered immediately. 3. Again, no objection. It means that the third party has no objection to the due creditor's rights applied for enforcement, that is, the third party recognizes the debts owed and has no dispute, or the creditor's rights and debts relationship between the third party and the person subject to enforcement is clear, such as court awards, arbitration decisions, legal documents with the effectiveness of notarized documents, etc.

If a third party raises an objection to the due creditor's right, the people's court cannot enforce it.

Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.

People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform. When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.