Preservation of Property in Civil Proceedings

2020/1/8

Property preservation refers to the fact that if an interested party is in an urgent situation and does not apply for property preservation immediately, its legal rights and interests will be irreparably damaged. The interested party can apply to the people's court before prosecution. This often occurs when a party is transferring property in the future. In order to make sure that the decree can be enforced actually, one side can apply to freeze the other side's property.

For one side's application of property preservation, the court will definitely demand the applicant to provide some property as guarantee of preservation. The property as guarantee of preservation can be cash, real estate and other type of property. Some courts demand the applicant to provide a percentage of cash and some real property as the guarantee of preservation and some courts can only accept cash as the guarantee of preservation. That is, the demand for guarantee of preservation by different courts is different.

In the process of enforcing the decree, the court can carry out preservation without some property as the guarantee of preservation.

Property preservation is an important way to protect the legitimate rights and interests of interested parties. We recommend that foreign clients employ Chinese lawyers in civil lawsuits to assist in property preservation and safeguard their legitimate rights and interests.