The property preservation system refers to the general term for the various compulsory protection measures taken by the people's courts in accordance with the law in order to ensure the smooth enforcement of future judgments after or before the commencement of litigation.
Types of property preservation
1. Pre-litigation property preservation.
Pre-litigation property preservation refers to the property preservation measures taken by the people's court before the commencement of litigation procedures, that is, before the acceptance of the case, in an emergency, upon the application of the interested party and the provision of necessary guarantees.
II. Preservation of litigation assets.
Litigation property preservation refers to the general term for protective measures such as the seizure of the disputed property by the people's court in the course of litigation, that is, after the case is accepted, for cases that may be unenforceable or difficult to enforce in the future due to the conduct of one party or other reasons.
Conditions for property preservation.
1. Requirements for applying for pre-litigation property preservation.
1. It must be in an emergency, and failure to immediately apply for property preservation will cause irreparable losses.
2. The application must be made by the interested party.
3. It must be submitted to a court of competent jurisdiction.
4. The applicant shall provide appropriate security according to the requirements of the court, and if the applicant fails to provide security, the people's court may reject the application.
II. Conditions for the preservation of litigation assets.
1. It must be a lawsuit for payment, that is, the case must be a case with the content of property payment, otherwise there is no need for property preservation.
2. Cases in which the judgment cannot be enforced in the future due to subjective and objective reasons. For example, one of the parties to the case transfers, sells, squanders, conceals, or destroys the disputed property or property related to the case in its possession in bad faith.
3. The parties shall submit a written application, and the court will order the parties to provide guarantees.
Scope of property preservation.
The object of property preservation is generally limited to the scope of the request or the property related to the case. The objects of property preservation are mainly the physical property and property rights owned, possessed and enjoyed by the defendant.
1. The defendant's bank account and other accounts under his name.
2. The real estate owned by the defendant or the land with the right to use.
3. The defendant's foreign investment in equity, holdings, bonds and financial wealth management products, etc.
4. Vehicles, vessels, etc., in which the defendant has ownership.
5. The plant, machinery and equipment, raw materials, semi-finished products, finished products and other goods owned by the defendant.
6. The defendant's due creditor's rights to other persons.
7. The defendant enjoys the exclusive right to use patents, trademarks and other intellectual property rights.
8.Other types of defendants have property of monetary value and rights.
Property Preservation Procedures.
1. The whole process of pre-litigation property preservation.
Generally, the applicant submits the application and provides collateral, and the people's court must make a ruling within 48 hours after accepting the application; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.
II. The entire process of litigation property preservation.
1. The parties submit an application.
The parties and interested parties must first submit an application to the people's court and provide relevant evidence. The application should generally include the identity of the person applying for preservation and the person to be preserved, the address of service, the matters requested, and the facts and reasons on which it is based; the amount of the request for preservation; Clear information on the property to be preserved or specific clues about the property to be preserved, etc.
2. Provide corresponding property clues.
Where an application is made for property preservation in litigation, it must also provide the people's court with clear information on the property to be preserved.
3. Provide guarantees.
After the applicant submits the application, it is also required to provide a guarantee, which will be reviewed by the people's court.
4. The court makes a preservation ruling in accordance with the law.
After the people's court accepts an application for property preservation, it shall make a ruling within 5 days; Where it is necessary to provide a guarantee, a ruling shall be made within five days after the guarantee is provided; Where a ruling is made to employ preservation measures, enforcement shall begin within 5 days. If the situation is urgent, a ruling must be made within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.