What is the concept of pre-litigation property preservation
(1) Concept of pre-litigation property preservation
The so-called pre-litigation property preservation, that is, pre-litigation preservation, refers to If an interested party fails to apply for property preservation immediately due to an urgent situation, which will cause irreparable damage to its legal rights and interests, it may apply to the People's Court before filing a lawsuit. Usually in order to protect one's legal rights and interests from irreparable damage and achieve the ultimate goal of filing a lawsuit, in decoration litigation cases, one usually applies to the court for pre-litigation property preservation.
(2) Characteristics of pre-litigation property preservation
1. The subject of pre-litigation property preservation can only Is an interested party. The interested parties here include both parties to the dispute, as well as those responsible for protecting corresponding civil rights. Pre-litigation property preservation is different from property preservation during litigation. Pre-litigation property preservation can only be applied for by one party. However, for property preservation during litigation, not only one party can apply for it, but the people's court can also proactively take property preservation measures ex officio. . in decorating litigationAmong them, land use rights, construction projects and houses are usually the objects for which one party applies for pre-litigation property preservation.
2. File a lawsuit The reason for the previous property preservation was that the situation was urgent and the interested parties had no time to sue. Failure to apply for property preservation immediately would cause irreparable damage to their legitimate rights and interests. This is different from property preservation in litigation. An application for property preservation is filed in litigation because the behavior of one party or other reasons may make the judgment impossible or difficult to enforce.
"Civil Procedure Law" Article 101 Article 2 Pre-litigation property preservation. If an interested party fails to immediately apply for preservation due to urgent circumstances, which will cause irreparable damage to its legitimate rights and interests, the interested party may, before filing a lawsuit or applying for arbitration, apply to the place where the property to be preserved is located, where the respondent is domiciled, or where the respondent is domiciled. The people's court with jurisdiction over the case applies for preservation measures. 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.
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