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What does house preservation mean

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What does house preservation mean


        

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  • 2024-06-17 00:00:03

    House preservation is a compulsory measure for the court to seal up houses, which belongs to property preservation. The sealed houses cannot be traded or mortgaged. House preservation in the process of litigation is proposed by the other party, whose purpose is to ensure that there is property available for enforcement after the case is won. The house preservation during the execution phase may be applied for by the parties concerned or decided by the people's court itself. In the process of litigation, if the plaintiff applies for house preservation for the defendant, the plaintiff should also provide property equivalent to the defendant's house as a guarantee. In the process of execution, if the court implements house preservation, it does not need to apply for the executor to provide property guarantee. The court can directly order to seal up the house of the person subjected to execution, and conduct public auction of the house. The auction proceeds are used to pay off the creditor's rights of the person applying for execution.

    Legal basis

    Article 103 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    Property preservation shall be carried out by sealing up, distraining, freezing or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved. If the property has been sealed up or frozen, it shall not be sealed up or frozen again.

    Article 100 of the Civil Procedure Law The people's court may, on the application of the other party, order the other party to preserve its property, order it to do certain acts or prohibit it from doing certain acts in cases where the execution of a judgment may be difficult or other damages may be caused to the other party due to the behavior of one party or other reasons; If the party concerned has not applied, the people's court may also, when necessary, rule to adopt preservation measures. When adopting preservation measures, the people's court may order the applicant to provide security. If the applicant does not provide security, it shall rule to reject the application. After accepting the application, the people's court must make a ruling within 48 hours if the situation is urgent; If the order is made to take preservation measures, the execution shall begin immediately.

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