Comparison between pre-litigation property preservation and litigation property preservation
Comparative content of property preservation in pre-litigation property preservation litigation
People's courts with jurisdiction in different property locations shall adopt it; If a party refuses to accept the judgment of first instance and appeals and needs to take property preservation measures before the people's court of second instance receives the submitted case, it shall be taken by the people's court of first instance.
Interested parties apply to the parties in different ways or the court accepts it ex officio.
If there are different guarantees, the court may order the parties to provide guarantees; However, in subrogation proceedings, if the creditor requests the people's court to take protective measures against the property of the secondary debtor, it shall provide corresponding property guarantee.
If an emergency is decided within 48 hours due to different processing time, it shall be decided within 48 hours; Except for non-emergency situations.
Second, the scope of property preservation (Article 94 of the Civil Procedure Law)
Limited to the scope of the request or the property related to the case
III. Property preservation measures
Seizure, seizure, freezing or other methods prescribed by law may be adopted (Article 94 of the Civil Procedure Law).
Collateral and lien can be preserved, but mortgagee and lien holder have priority to be compensated (opinion 102).
Can preserve the creditor's rights of the respondent that have expired (opinion 105)
Fourthly, compensation for wrong application.
Verb (abbreviation for verb) behavior reservation
Paragraph 1 of Article 49 of the Copyright Law stipulates that if the copyright owner or copyright-related obligee has evidence to prove that others are committing or will commit acts infringing their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to order the relevant acts to stop and property preservation before bringing a lawsuit. The second paragraph of this article stipulates that the people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law in handling the application mentioned in the preceding paragraph.
Article 6 1 of the Patent Law is similar to Article 57 of the Trademark Law.
VI. First implementation
Scope of cases to be executed first (Article 97 of the Civil Procedure Law)
Cases of recourse for alimony, alimony, child care, pension and medical expenses;
Cases of recourse for labor remuneration;
Cases that need to be executed first because of emergency: cases that need to stop the infringement and remove obstacles immediately; Need to stop an action immediately; Need to immediately return the purchase price of production materials and production tools; Resume the right of recourse for insurance claims urgently needed by production and operation. (opinion no 107)
Note: An important condition for prior execution is that the relationship between rights and obligations is clear.