Question 1
asked the judge
Under what circumstances can I apply for pre-litigation property preservation ?
answer
Pre-litigation property preservation first requires that the dispute type of the case involved must be of a property nature 3, it must have payment content (for example, personal reputation disputes are not allowed); secondly, the urgency of is emphasized. When the property to be preserved is urgent and failure to preserve it immediately will cause irreparable damage to the applicant, you can apply for pre-litigation property preservation.
According to the provisions of Article 104 of the "Civil Procedure Law of the People's Republic of China" : If an interested party fails to apply for preservation immediately due to urgent circumstances and will suffer irreparable damage to its legitimate rights and interests, it may apply to the court to take preservation measures before filing a lawsuit or applying for arbitration.
If the applicant fails to file a lawsuit or apply for arbitration in accordance with the law within thirty days after the people's court takes preservation measures, the court will terminate the preservation in accordance with the law.
Question 2
asked
Judge, which court should I apply to for pre-litigation property preservation?
Answer
According to relevant legal provisions, you can apply for preservation measures to the people's court where the property to be preserved is located, where the respondent is domiciled, or the people's court that has jurisdiction over the case.
Since pre-litigation preservation cases cannot use the online investigation and control system, the judge needs to implement it offline. For the sake of speed and cheapness, it is more convenient for the people's court where the property is located.
Question 3
Ask
Judge, what materials do I need to prepare to apply for pre-litigation property insurance?
answer
To apply for pre-litigation property preservation, you need to provide a property preservation application, specific property clues and valuation materials, emergency evidence materials, a complaint and basic legal relationship evidence materials, information materials about both parties and a power of attorney, confirmation of delivery address, guarantee materials, etc. You can prepare the above materials in advance according to the self-examination checklist attached below to improve the efficiency of the review of pre-litigation property preservation.
Question 4
Ask
Judge, what specific formal requirements does pre-litigation property preservation have for the property clues we submit?
answer
When applying for pre-litigation property preservation, you must provide specific property clues. Different property clues have different requirements. Generally speaking, the property clues submitted are clear and specific. We have sorted out the formal requirements for common property clues for your reference.
Question 5
asked
Judge, what does the guarantee provided by the insurance company include?
Answer
If an insurance institution provides guarantee for property preservation in the form of a policy guarantee, it shall submit preservation guarantee documents, business qualification documents and solvency documents to the court. Preservation guarantee documents generally include policy letter of guarantee and policy.
Question 6
asked
judge, what is the pre-litigation preservation process?
Law Article Link
" Civil Procedure Law "
Article 100 Applicable conditions and procedures
For cases in which the conduct of one party or other reasons may make it difficult to execute a judgment or cause other damage to the party, upon the application of the other party, the People's Court may rule to preserve the property of the other party, order it to perform certain acts, or prohibit it from performing certain acts; if the party does not file an application, the People's Court may also rule to take preservation measures when necessary. When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the people's court shall rule to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; if it decides to take preservation measures, it must start implementation immediately.
Article 101 Pre-litigation Property Preservation
If an interested party fails to apply for preservation immediately due to an urgent situation and his legitimate rights and interests will be irreparably damaged, he may apply for preservation measures to the people's court where the property to be preserved is located, where the respondent is domiciled, or where the case has jurisdiction before filing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. After the people's court accepts the application, it must make a ruling within 48 hours; if it decides to take preservation measures, its implementation shall begin immediately. If the applicant fails to file a lawsuit or apply for arbitration in accordance with the law within thirty days after the people's court takes preservation measures, the people's court shall terminate the preservation.
Source: Binhai New District Court
