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What are the conditions for applying for divorce preservation and what materials are needed for property preservation

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What are the conditions for applying for divorce preservation and what materials are needed for property preservation


        

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  • 2024-06-06 06:00:04

    In divorce, property preservation needs to provide guarantee, and apply for litigation and arbitration within 30 days. If an interested party's legitimate rights and interests will suffer irreparable damage if it does not immediately apply for preservation due to emergency, it may apply to the people's court at the place where the property to be preserved, the place where the respondent has his domicile or has jurisdiction over the case for adopting preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected.

    After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately.

    If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.

    [Legal Basis]

    Article 104 of the Civil Code states that if an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court at the place where the property to be preserved is located, where the respondent is domiciled or has jurisdiction over the case for taking preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected.

    After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately.

    If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.

    End***

    2024-06-06 06:00:04

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