How to apply for property preservation 40, how to apply for property preservation

There are two types of property preservation: pre-litigation property preservation and litigation property preservation.

Requirements for applying 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 shall take the initiative to take property preservation measures without its authority;

3 The applicant must provide a guarantee, otherwise the court will dismiss the application.

4. The case must have payment content, which is a lawsuit for payment;

5 must be made by the conduct of one of the parties that is likely to make the judgment difficult to enforce;

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.

Procedures for property preservation.

In litigation, the parties shall submit an application, and the people's court shall conduct a review, make a ruling on property preservation, and employ property preservation measures on the basis of the ruling. Based on the actual circumstances of the case, the people's courts may also proactively make a ruling on property preservation and employ property preservation measures in accordance with their authority.

After receiving the application, the people's court must make a ruling within 48 hours and begin enforcement if the situation is urgent.

The applicant shall apply for pre-litigation property preservation and provide security. The people's court must make a ruling within 48 hours of accepting the application for pre-litigation property preservation and immediately begin enforcement.

Once a property preservation ruling is made, it takes effect immediately, and the parties or interested parties may apply for reconsideration once. During the period of reconsideration, the people's court does not stop the enforcement of the property preservation ruling.

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.

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 shall take the initiative to take property preservation measures without its authority;

3 The applicant must provide a guarantee, otherwise the court will dismiss the application.

4. The case must have payment content, which is a lawsuit for payment;

5 must be made by the conduct of one of the parties that is likely to make the judgment difficult to enforce;

6 The application must be made during the course of the proceedings. 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.

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.