What are the measures for property preservation?
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What are the measures for property preservation?
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1. Seal. Seizing means that after the people's courts will check the property that needs to be preserved, they will be seized, sealed on the spot, or sealed in different places. This measure is suitable for other property that does not move or should not move.
Once the seized property should be properly kept, no individual or unit may move or punish without authorization. Parties other than this case.
2, seizure. The seizure means that the people's court has transferred the property that needs to be preserved to a certain place to seize it, and the respondent is not allowed to use and punish the respondent within a certain period of time.
The measures are mainly suitable for more valuable property that facilitates movement. The detained property should be kept in different places or directly storage by the court.
3, freezing. Frozen refers to the measures that the people's court notify relevant banks and credit cooperation involving other financial institutions in accordance with the law, and is not allowed to withdraw or dispose of their deposits in accordance with other financial institutions.
In the court's frozen property, those who have been frozen immediately should be notified that the property has been frozen and shall not be repeatedly frozen. This measure can not only protect the applicant's legitimate rights and interests in a timely manner, but also prevent people who are frozen from the frozen property to harm the legitimate rights and interests of others with economic exchanges with the frozen property.
The frozen measures can be applied to individual savings deposits or deposits of legal persons or other organizations.
4. Other methods stipulated in the law. The so -called other methods stipulated in the law refers to the abolition of the preservation measures stipulated in the civil proceedings law, and other legal preservation measures should be deemed to be applicable to property preservation measures.
[Legal basis]
"Civil Procedure Law" Article 101, the stakeholder is urgent due to the situation, and if not applying for preservation immediately, it will cause the legitimate rights and interests to be damaged;
It can apply for preservation measures to apply to the place where the property is located, the residence of the respondent, or the case of the case before applying for a lawsuit or applying for arbitration.
If applicants shall provide guarantees and do not provide guarantees, and the application shall be rejected. After the people's court accepts the application, it must make a ruling within 48 hours; if the ruling takes preservation measures, it shall be immediately implemented.
If the applicant shall submit a lawsuit or apply for arbitration within 30 days after the people's court takes the preservation measures, the people's court shall terminate the preservation.