When the court takes preservation measures, it must notify the person to be preserved, so if the property of the party concerned is preserved, it will receive a notice of property preservation from the court.
People's Republic of China (PRC) Civil Procedure Law
Article 103 Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved.
Property that has been sealed up or frozen shall not be sealed up or frozen again.
Second, what are the property preservation measures?
According to the provisions of China's civil procedure law, property preservation can be sealed up, detained, frozen or other methods prescribed by law. Among them, the sealing-up measure is to seal up on the spot, generally for real estate or large and difficult-to-move property; Detention is detention in different places; Freezing is generally aimed at securities such as bank deposits or stocks. Other methods prescribed by law usually refer to the following methods:
1. Preserve the price, that is, if the seized or detained property is difficult to preserve for a long time or the cost of preservation is too high, the parties may be ordered to deal with it in time, and the people's court will preserve the price; When necessary, the people's court may also sell it and keep the price.
2 seizure of housing, vehicles and other property certificates, and notify the relevant property registration departments.
3. The people's court may preserve the collateral and lien, but the mortgagee and the lien holder have the priority to be compensated. This is because the mortgage and lien of one party's property belong to civil guarantee, while property preservation belongs to the judicial behavior of the people's court. Although the people's court can take further preservation measures such as sealing up and detaining mortgaged or retained property, this judicial act cannot deny the legal effect of civil mortgage and lien. Therefore, the mortgagee and the lien holder still have the priority to be compensated.
4. Preserve the property of the third party. That is, if the debtor's property can't meet the preservation request, but the third party has the due creditor's rights, the people's court may, on the application of the creditor, rule that the third party may not pay off the debtor in this case. If a third party demands payment, the people's court shall deposit the property or the price.
Three. Property preservation application
Litigation property preservation application
Applicant:
Respondents:
The dispute between the applicant and the respondent brought a lawsuit in your hospital on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Request: (Specify attributes to keep)
Facts and reasons:
(Indicate the property to be preserved, including the relationship between the applicant and the respondent, the relationship between the applicant and the respondent, and the name, quantity, quality, shape, color, variety, location and current situation of the property to be preserved. The reasons for the application mainly state the infringement on the property that needs to be preserved, the importance and urgency of taking property preservation measures and the significance in the execution of the judgment). Evidence and sources of evidence:
Indicate the name, quantity and source of the evidence that can prove the application request. If there is a witness, the name and address of the witness shall be stated. (If the evidence is in the hands of the applicant, it shall be submitted to the court together with the application; If the evidence is not in the hands of the applicant, it shall provide evidence clues to the people's court)
I am here to convey
* * * * People's Court
Applicant:
Date, year and month
The above knowledge is Bian Xiao's answer to the question of property preservation. When the court takes protective measures, it must inform the protected person, so if the property of the party concerned is preserved, it will receive a notice of property preservation from the court. Readers who need legal help are welcome to seek legal advice.