Whether the construction in progress can be preserved or sealed

Legal Analysis: Construction can be continued. The purpose of the seizure by the court is to restrict the transfer of the owner. The continuation of the construction is to increase the value of the seized property, and it is also beneficial to the application for empty attendants, so the court will not stop the construction.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 155:If the property designated by the people's court to be kept by the person to be kept by the person is not significantly affected by the use of the property, the person subject to preservation may be allowed to continue to use the property in the custody of the people's court, or by entrusting another person or applying for preservation to keep it, and the people's court and other custodians must not use it.

Summary. Hello, construction is possible. The seizure of land will not affect the use of construction. The main reason for the seizure of land is that it is afraid of transferring the right to use it and affecting future court judgments.

Hello, construction is possible. The seizure of land will not affect the use of construction. The main reason for the seizure of land is that it is afraid of transferring the right to use it and affecting future court judgments.

Article 155 of the Civil Procedure Law of the People's Republic of China: If the continued use of property designated by the people's court for the custody of the person subject to preservation does not have a significant impact on the value of the property, the person subject to preservation may be allowed to continue to use it; The people's courts and other custodians must not use the wealth that is kept by the people's courts, or that is entrusted to another person or the person applying for preservation. Article 156:People's courts employing methods and measures for property preservation, handling them in accordance with the relevant provisions of enforcement proceduresArticle 157:People's courts may employ property preservation measures against mortgages, pledges, or liens, but this does not affect the mortgagee, pledgee, or lienholder's priority right to be compensated.

Therefore, construction is possible, but the right to use it cannot be transferred.

Because the continuation of construction has little impact on the value of the property.

Legal analysis: 1. Whether the construction in progress can be preserved.

Construction in progress is a building that has not yet been registered for ownership, so it can also be seized for property preservation. The specific method is as follows: the people's court posts a seal or announcement, and may extract and preserve the relevant property rights certificates.

2. What are the procedures for property preservation?

1. Application. For pre-litigation property preservation, the interested party shall apply to the court to which the lawsuit is filed before filing a lawsuit. Where 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 15 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. Warranty. The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.

3. Ruling. Where a party applies for pre-trial preservation, the people's court must make a ruling within 48 hours of 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.

4. Lift. If it is necessary to lift the preservation measures in the course of litigation, the court shall promptly make a ruling to lift the preservation ruling, and if the reasons and conditions for property preservation have changed, and preservation is not required;The respondent provides the corresponding guarantee;The applicant for pre-litigation preservation has not filed a lawsuit within 15 days, etc.

5. Indemnification. If the party makes a mistake in applying for property preservation, and the respondent suffers losses as a result of the property preservation, the applicant shall be liable for compensation.

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 2: The people's courts may seal, seize and freeze movable property in the possession of the person subject to enforcement, immovable property registered in the name of the person subject to enforcement, specific movable property and other property rights.

For unregistered buildings and land use rights, the ownership shall be determined on the basis of the approval documents of the land use rights and other relevant evidence.

Legal Analysis: Application for Property Preservation. Property preservation is divided into property preservation during litigation and property preservation before litigation.

An application for property preservation in litigation shall be filed after the court accepts the case and before a judgment is rendered;However, according to the provisions of the Civil Negotiation Procedure Law, if the applicant does not file a lawsuit within 15 days after the court takes preservation measures, the people's court shall lift the property preservation. Therefore, if an application is made for pre-litigation property preservation, the lawsuit should be filed within 15 days after the court takes the preservation measures, otherwise the preservation measures will be lifted, and if the application is wrong, the losses caused to the respondent shall be compensated. In addition, when a party applies for property preservation, it shall pay the preservation fee within the prescribed time limit, and if it fails to do so, the people's court will not take preservation measures.

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 one of the parties or other reasons, the people's court may, on the basis of the application of the other party as a travel auditor, rule to preserve its 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.

Construction can continue. The purpose of the seizure by the court is to restrict the transfer of the owner. The continuation of the construction is to increase the value of the seized property and is also beneficial to the applicant, so the court will not prevent the construction.

1. What should I do if the rented façade room is seized by the court?

If the lease relationship is established before the lease is sealed by the court, the lease contract is still valid, and the lease façade can continue to be used, and compensation can be claimed in accordance with the provisions of the contract. The main purpose of the court's seizure is to ensure that the case can be successfully executed after the judgment. The seizure is a way to achieve the purpose by restricting the transfer of property rights to the house.

Therefore, it will not affect the continued use of the house.

2. How to resolve disputes over compensation for contracted construction.

Disputes can be resolved directly through negotiation or mediation, or arbitration, or litigation. When resolving construction compensation disputes, the following issues should be noted:

1. Correctly ascertain the facts.

Determine the cause of the accident through accident identification.

Accident appraisal should reflect the cause of the accident from two different legal relationships:

1) Determine the cause of the accident from the perspective of adjacency.

The first is to consider whether there is a quality problem with the adjacent building itself.

Second, the Youth League Bureau should consider whether other construction sites around the damaged building have an impact on it.

2) Determine the cause of the accident from the perspective of all parties involved in the construction of the project.

First, it is necessary to investigate the responsibility of the survey, design, construction and supervision party.

Second, it is necessary to consider the responsibility between different construction units.

Third, it is necessary to consider the responsibility of the construction unit.

2. Correct application of law.

Correctly understand the legal relationship of the dispute (adjacent relationship, contractual relationship).

Correctly file a lawsuit claim (request for repair without repair or claim discount compensation when repair has been requested but not repaired, self-repair must have a contract, construction drawings, proof of payment, and the court will generally not support the expenses not incurred).

Be careful not to omit the defendant (judge the party at fault according to the law and the contract, and easily do not omit the defendant, otherwise the construction unit's right of recovery will be restricted).

It is necessary to consider whether there is mixed fault (that is, the construction unit is also at fault).

3. It is legal for the construction unit to apply to participate in the litigation as a third party and it is beneficial to the construction unit and the construction unit.

3. The new law on falling objects from high altitudes is what to bury.

The new law stipulates that if a building, structure or other facility collapses and causes damage to others, the construction unit and the construction unit shall be jointly and severally liable, unless the construction unit and the construction unit can prove that there is no quality defect. After the construction unit or the construction unit has made compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Where damage to others is caused by the collapse of the owner, manager, user or third party, building, structure or other facility, the owner, manager, user or third party shall bear tort liability.