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How to write the preservation application

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How to write the preservation application


        

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  • 2024-05-25 21:01:31

    The preservation application mainly includes the following parts:

    1. At the top of the application.

    ① Title: e.g. Application for Property Preservation;

    ② Basic information of the applicant and the respondent;

    ③ Preservation request matters;

    ④ Clarify the value of property preservation.

    2. The body of the application.

    ① The facts and reasons of the application;

    ② Evidence.

    3. The end of the application.

    ① The full name sent to the people's court;

    ② Signature or seal of the applicant;

    ③ Application time.

    4. Supplementary items.

    [Legal basis] According to Article 101 of the Civil Procedure Law, if an interested party does not apply for preservation immediately due to emergency, it will cause irreparable damage to its legitimate rights and interests;

    Before bringing a lawsuit or applying for arbitration, the applicant may apply to the people's court of the place where the property to be preserved is located, the place where the respondent has his domicile or has jurisdiction over the case for taking preservation measures.

    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.

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