What is property preservation? Property preservation refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or the disputed subject matter in order to ensure the execution of future effective judgments or avoid property losses. The function of property preservation is to prevent the parties from disposing of the disputed subject matter before the people's court makes a judgment or disposing of the property available for execution after the judgment takes effect, so as to prevent the dispute from expanding and ensure the effective judgment to be executed. However, if the people's court takes improper property preservation measures, it will damage the property rights and personal rights of the parties. For example, freezing all the bank deposits of the parties beyond the scope of the applicant's request will limit the business activities of the other party. Article 102 of People's Republic of China (PRC) Civil Procedure Law (20 17) stipulates: "Property preservation is limited to the scope of the request or the property related to this case." The relevant judicial interpretation in the Supreme People's Court also holds that when the people's court takes property preservation measures, the scope of preservation should be limited to the disputed property of the parties or the property of the defendant, and property preservation measures should not be taken for the property of outsiders. Generally, preservation measures shall not be taken for the property related to the case obtained by outsiders in good faith. Therefore, the scope of property preservation cannot exceed the scope requested by the applicant or the price of the disputed property. Taking preservation measures can only achieve the purpose of property preservation within the scope of the request of the parties or interested parties, realize the rights and interests of the applicant and avoid causing undue losses to the respondent. The above is the relevant knowledge compiled by Bian Xiao for everyone. If your situation is complicated, the website also provides online consultation service for lawyers. Welcome to have legal advice.
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Article 14 of the Measures for Payment of Litigation Fees shall be paid according to the following standards: (2) If the application for preservation measures is made, it shall be paid according to the actual amount of property preserved: if the amount of property does not exceed 1000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan.