After the time limit for performance specified in the judgment or mediation statement expires, a compulsory execution may be applied for. Then, how to safeguard the rights of the parties after the judgment or mediation statement comes into force and before the expiration of the specified performance period? Recently, the People's Court of Gyangze County accepted the first application for pre enforcement property preservation, effectively safeguarding the legitimate rights and interests of the parties.

Earlier, a farmer professional cooperative in Gyangze County sued an organic industry limited company for a contract dispute, which was mediated by the People's Court of Gyangze County and agreed to perform the obligation in a lump sum before June 30, 2024. However, a few days ago, the person in charge of the cooperative came to the Executive Board of the Court to reflect that the deposit in the defendant's bank account had the risk of transferring property, and he was worried that his contract money could not be obtained. If he could not obtain this money, which would involve the wages of hundreds of people, he asked the court to enforce in advance.

If the time limit for performance specified in the effective legal document has not expired, it is impossible to apply for compulsory execution in advance. "However, if it is not handled, it will affect people's getting wages, so we suggest the plaintiff apply for 'property protection before execution'." The case handling judge Sorangduoji told reporters. Subsequently, the Executive Board immediately communicated and coordinated with the filing court, accepted the first application for pre execution property preservation without insurance policy, and successfully preserved more than 2.293 million yuan in place.

"If there is an emergency such as the debtor's transfer of property, failure to apply for preservation may lead to the unenforceability or difficulty of enforcement of effective legal documents, and the parties may apply for property preservation before enforcement." Judge Sorandoggi introduced, "In judicial practice, many cases are mediated by the people's courts, and the parties voluntarily reach an agreement in the litigation to agree on the one-time performance or installment performance of the debt. The disputes between the parties are resolved, the confrontation between the parties is weakened, and the debtor is also ready to perform its obligations in good faith on schedule. At this time, if the creditor is allowed to apply to the people's court for the preservation of the debtor's property after the legal document takes effect until the application for enforcement is made without restriction, this will not only aggravate the confrontation between the parties, between the parties and the court, but also damage the legitimate interests of the debtor, and even seriously damage the principle of litigation integrity. Therefore, when the debtor intentionally transfers, transfers, conceals property and other emergencies, deliberately evades the law, evades enforcement, and does not apply for preservation, which may lead to the unenforceability or difficulty of enforcement of effective legal documents, the creditor may apply to the people's court for property preservation before enforcement. "