What is the difference between property preservation and property seizure?
First of all, what is property preservation?
Do you still remember Bai Zhantang's sunflower point acuman?
As long as you point to someone, no one can move.
In the same way, as long as the property is preserved, then there is no way to transfer the property that has been preserved, and as long as the property is successfully preserved, the later enforcement will generally be very smooth.
So what kind of measures should be taken to achieve the effect that the property cannot be moved?
In general, there will be three types of measures:
The method of freezing is generally for bank deposits, the method of seizure is generally for immovable property, and it may also be movable property, and the method of seizure is generally for movable property.
Does that mean that as long as it involves sealing, seizure, and freezing, it will definitely be the property that has been preserved?
Not necessarily, if the property is sealed, seized, or frozen, it may be preserved or enforced.
It can also be seen that sealing, seizure, and freezing are a means, while property preservation and enforcement are an end to be achieved.
Whether it is property preservation or compulsory enforcement, if you want to achieve the preset effect, you must achieve it through the means of sealing, seizure, and freezing.
So what is the difference between property preservation and enforcement?
If we compare these two concepts separately, property preservation is relatively a bridge, and the existence of this bridge is purposeful, that is, to achieve the goal of enforcement.
In addition, the method that can be adopted for property preservation is to seal, seize, and freeze, which is a temporary measure, and it will not affect the rights and obligations of the parties, and it will not be said that because the property has been preserved, then the property in the name of the party does not belong to him, and even if the property of the party is preserved, it is still the property of the party, but it cannot be "moved".
However, enforcement is different, whether it is through the bridge of property preservation, or through the means of sealing, seizure, and freezing, the purpose of enforcement is to directly refer to the property in the name of the person subject to enforcement.
For the frozen monetary property in the name of the person subject to enforcement, the court will transfer the property in the name of the person subject to enforcement to the name of the person applying for enforcement by way of deduction.
For movable or immovable property that has been sealed or seized in the name of the person subject to enforcement, the court will use the non-monetary property in the name of the person subject to enforcement to realize the claim of the applicant for enforcement through auction, sale, or even repayment of debts in kind.
Lai