Believe a lot of creditor had had a headache, want to sue Laolai, how does ability know belongings cue? Bank card number of Laolai is what, how many money is there inside? Do not have in the bank very deep very ripe very ambiguous acquaintance is to check do not come out to drip, because this is the client's privacy, want to close down Laolai's belongings is difficult really!
This has fallen, highest courtyard, you conserve in application belongings when the belongings of the other side, can put forward to inquire the application that often bilks belongings at the same time! People court the Id date Laolai one search, the bank account of his under one's name and remaining sum came completely!
How much is the cost that does this thing into you?
Should close down often bilk a law case of 10 million, need is offerred of 3 million assure, if you cannot offer similar value of the house property of 3 million assure, irrespective, can go up belongings conserves assure be sure, receive present prices, hand in 3 millesimals went, hand in 9000 yuan that is to say, you can close down the other side the bank deposit of 10 million! And, lawsuit was defeated to close down wrong, insurance company replaces your compensate!
Careful of top magic art appoint meeting
Discuss and the principle is passed " top people court conserves about handling property case the regulation of a certain number of problems "
On October 17, 2016, shen Deyong of standing assistant dean upholds top people court hold top people court to try committee plenary session, discuss and the principle is passed " top people court conserves about handling property case the regulation of a certain number of problems " .
For normative people court conduction belongings conserves case, protect the legitimate rights and interests of person of party, interests lawfully, basis " code of civil law of People's Republic of China " wait for legal provision, combine adjudgement, executive practice, make this provision.
Person of the first party, interests applies for belongings to conserve, ought to hand over requisition to people court. Requisition ought to carry bright following item:
(one) application conserves means of address of the person's identification, service, connection;
(2) the fact that application belongings conserves and reason;
(3) of controversy mark perhaps request item;
(4) specific and tangible worth be conservinged;
(5) conserve assure belongings proves or financial condition proves, perhaps do not need to offer conserve the reason that assure;
(6) other need is written down bright item.
The 2nd party applies for belongings to conserve in arbitral process, requisition ought to put forward through arbitral orgnaization. After arbitral orgnaization receives requisition, ought to refer people court in time, add arbitral case to accept advice note, entrust conserve the relevant data such as case. People court makes those who conserve to rule or reject application, ought to inform arbitral orgnaization in time.
Court of the 3rd people depends on application or undertake according to powers and authorities of office belongings conserves, after be being ruled by people court the branch makes a ruling, move send executive branch to carry out.
Court of the 4th people accepts belongings to conserve after application, urgent to the circumstance, the ruling must be made inside 48 hours; The ruling adopts those who defend full measure, ought to begin to carry out instantly. To be not emergency, after ought to accepting application the ruling is made inside 5 days; Need those who assure to offer, ought to offerring after assuring the ruling is made inside 5 days; The ruling adopts those who defend full measure, ought to carry out inside 5 days.
Code of civil law of according to of court of the 5th people the 100th, the 101st regulation instructs person of party, interests to offer assure, ought to the particular case according to the case, according to following standard, assure certainly amount:
(one) conserve of bank account capital, do not exceed 30% of capital be conservinged;
(2) conserve land, building praedial, do not exceed the market of praedial the corresponding period such as land be conservinged, building to trade 30% of the price;
(3) conserve of the movables such as equipment of car, machine, the depreciation cost during exceeding the movables such as equipment of car be conservinged, machine to close down is used;
(4) conserve blame appear on the market of company equity or investment rights and interests, 30% what do not exceed equity be conservinged or invest rights and interests to give capital specified number to perhaps make over amount;
(5) conserve of the other property such as antique, calligraphy and painting, intellectual property, do not exceed 30% of appraisal of market prise of belongings be conservinged.
During belongings conserves, application conserves the person offers assure the losing that can't compensate for a likelihood to be become to man-made be conservinged, people court ought to instruct his to increase assure; Refus does not increase, the ruling removes conserve.
The 6th conserves appear on the market of company stock, bond, application conserves the person ought to be offerred trade with market of this stock, bond the belongings that the price comparatives assures.
Be conserved appear on the market company stock, bond needs those who deal with to trade in time, people court ought to allow person be conservinged to trade deal with, conserve money of its appraise at the current rate. But equity, bond regards controversy as mark except.
The 7th others maintains for application the person offers belongings to assure, ought to issue deed of security to people court. Deed of security ought to carry bright security, assure means, assure belongings, assure limits, assure the value of content, assure of responsibility assume wait for content, add relevant proof material.
Others maintains for application the person offers those who assure to assure, the proof file such as business charter of the identification that ought to refer a citizen to people court, legal person or other organization, legal representative or code of main controller identification, origanization construction, belongings or financial standing. Company legal person offers those who assure to assure as the 3rd person, still ought to provide a company constitution and company shareholder are met or the board of directors agrees to offer the resolution document that assure.
Conserve assure ought to accord with content authority law, assure the regulation of the concerned law such as law, company method, do not accord with a regulation, people court ought to rule reject application.
The 8th application conserves the person can conclude with insurance company lawsuit conserves responsibility danger contract, as conserve assure.
Lawsuit conserves when the insurance profit of responsibility danger contract ought to ensure insurance accident happens, be conserved the loss that person place suffers gets compensatory.
The 9th has one of following state, people court can not beg application to conserve the person offers assure:
(one) belongings applies for to conserve in suit of damages of person of accident of inductrial injury compensation, traffic;
(2) the financial orgnaization such as commercial bank, insurance company applies for belongings to conserve.
(3) case fact is clear, right obligation impact is clear, adopt those who protect full measure to may cause serious consequence not in time.
Recover solatium, bring up cost, cradle of reward of charge of cost, pension, medical treatment, work, courtyard of civil code of OK and direct applicant grants to carry out first.
Person of the 10th party, interests applies for belongings to conserve, ought to offer clear, specific property be conservinged to people court. When person of party, interests applies for lawsuit to conserve, cannot offer because of objective reason truly clear, specific of belongings be conservinged, people court is OK ruling of take into consideration the circumstances adopts full measure of be bailed out.
Eleventh lawsuit conserves ruling not demonstrate conserves specificly of belongings, rule in this executive process is medium, application conserves courtyard of civil code of OK and written applicant inquires the person to be conserved the person's belongings.
Application conserves the person ought to mention expressly to be conserved in requisition fundamental condition of the person, and the item such as the property amount that requests inquiry and limits.
Apply for what the person puts forward to inquire application to conserve, already built a network to carry out the number scope that checks the people court that controls a system to be able to conserve in the request inside, inquire the belongings of person be conservinged.
Dozenth inquiry discovery can supply a people court conserve of belongings, ought to adopt instantly close down, sequestered, freeze measure. The belongings that inquires discovery has deposit, movable, equity, praedial wait for a variety of types, ought to preferential conserve deposit convenient the belongings that changes to deal with now.
Thirteenth people court is right the circumstance of belongings of person be conservinged of inquiry, ought to keep secret lawfully, except the basis application conserves of the person conserve the request ought to be adopted close down, outside the sequestered, property that freezes measure, must not conserve to application the person divulges person be conservinged other property information, also must not conserve in lawsuit, carry out compulsively besides use pertinent information.
The 14th application conserves the person gets information through the means ill will such as false suit, enroach on is conserved the person closes right increase, ought to assume liability to pay compensation. The application of action of civil to having afore-mentioned imparing suit conserves person, people court is OK the 111st regulation finds out according to code of civil law lawfully responsibility.
Court of the 15th people conserves in belongings in adopt close down, sequestered, when freezing measure, need assists those who deal with the formalities that register about the unit, concerned unit ought to be in conserve ruling book chime aids advice note service to deal with the formalities that register that day; Many conserve to ought to be dealt with what rule book chime aids advice note early or late according to the time of service freeze formalities, cannot decide that day service early or late of time, regard as identical suitable conserve measure.
The 16th belongings conserves the ruling is carried out in, people court discovery occupies what not agree with with forensic ruling book content and actual condition, ought to give cancel or correct.
The seventeenth applies for what person application add conserves all right to conserve, ought to be in conserve measure deadline at the expiration of one's term of office 15 Xiang Yuan made belongings conserve a few days ago the people court of the ruling offers application. Exceed the time limit applies for or do not apply for, assume by oneself cannot the law that add conserves all right is sequential.
The 18th has one of following state, the court that adopts full measure of be bailed out above all ought to will conserve belongings delivers the other case that already entered executive order annulus await close down the court carries out:
(one) pick get sb to go bail for one above all full measure court is inactive carry out, more than 3 months are not right conserve belongings takes step of punish of appraise at the current rate;
(2) creditor does not have warrant, more than 3 months did not apply for people to be carried out compulsively.
The 19th provides the case of the 18th regulation originally to according with, collect court of full measure of be bailed out to move not actively above all send, other case annulus await close down the court can ask its move send. Two ground court moves send conserve of belongings happening controversy, can chase class to apply for approval collective ranking court appoints the executive court of justice of this belongings.
Collective ranking court is OK according to conserving the seat of belongings, sort reachs each creditor's rights amount and conserve the case such as the relation between property value is particular circumstance, appoint executive court of justice and deadline punish conserves belongings.
The 20th application conserves the person rules to rejecting application to conserve disaffected, the people court that can rule 5 days of introversion since the day of service make a ruling oneself applies for to be reconsidered. After people court ought to receive the application that reconsider oneself examine inside 10 days. Reason holds water, ruling cancel or correct and adopt full measure of be bailed out; Reason does not hold water, the ruling rejects the application that reconsider.
Person of the 21st interests thinks to conserve rule the executive behavior in executive process violates demur, people court ought to according to code of civil law stipulates careful investigates manage the 225th times.
Interests person rules to conserving refuse to obey, be based on hypostatic right to conserving belongings puts forward enough to eliminate to close down, sequestered, those who freeze demur, people court ought to according to code of civil law sets the 227th times undertake checkup handling.
This the 22nd provision applies since the day that announce. The judicatory explanation that before this provision applies, releases is as abhorrent as this regulation, it is with this regulation accurate. Law and judicatory explanation have special provision additionally, applicable its set.
1, what case can apply for belongings to conserve
Not be all and civil lawsuit can apply for the belongings before appealing to conserve, the belongings before wanting to involve belongings to just can apply for appeal to to paid lawsuit only conserves, the divorce lawsuit that such as has belongings controversy for instance, owe money to be not returned, default lawsuit of dispute of contract of payment for goods, business to wait a moment. Also not be to the court the belongings before application appeals to conserves, the court can be accepted, accord with conditional court to just can be accepted only.
2, when can apply for belongings to conserve
1, must be a circumstance urgent, do not adopt belongings to conserve will make lawful property rights and interests of the applicant is made up for hard damage;
2, must offer application to the people court of belongings seat by interests person, forensic powers and authorities of office notting comply adopts belongings actively to conserve measure;
3, the applicant must be offerred assure otherwise the court will reject application;
4, the case must have pay content, belong to Fu Zhi to appeal to;
5, must be by the behavior of party one party the likelihood is made the court decision is carried out hard;
6, application must offer in litigant process. The court is in also can adopt litigant belongings to conserve according to ruling of powers and authorities of office when necessary measure;
7, the applicant is offerred assure (the court was not instructed offer assure need not suffer) of this bit of limitation, for example: Have one of following state, people court can not beg application to conserve the person offers assure:
(1) is in what application belongings conserves in suit of damages of person of accident of inductrial injury compensation, traffic;
(The financial orgnaization such as commercial bank, insurance company applies for 2) belongings conserves.
(3) case fact is clear, right obligation impact is clear, adopt those who protect full measure to may cause serious consequence not in time.
Recover solatium, bring up cost, cradle of reward of charge of cost, pension, medical treatment, work, courtyard of civil code of OK and direct applicant grants to carry out first.
3, the concrete step that application belongings conserves
1, understand situation of the accused belongings
Accuser (sue square) before applying for lawsuit to conserve to the court, all ought to understand the accused with the best will in the world (be sued square) belongings state, if have,do not have house property, car, equity, bank deposit, pay treasure deposit to wait a moment, know to want to conserve clearly in accuser only the accused when what belongings, the court just can accept lawsuit to conserve application, the demand that presses accuser closes down, distrain or the property that freeze the accused, arrest defendant move, hide, sell off belongings.
If oneself have no way falls,the hand investigates condition of the accused belongings, can invite professional lawyer or special orgnaization to undertake investigating, avoid to omit the accused belongings.
2, preparative belongings conserves what need assure
The belongings before accuser applies for to appeal to to the court conserves is to need those who assure to offer, application conserves the accused how many belongings, offer what value comparatives to assure with respect to need. Assuring can be cash, bank protects case, car, building to wait a moment, specific combinative oneself circumstance and local court ask actually and should decide. If accuser cannot be offerred,assure, the court can reject the belongings before appealing to to conserve application.
Assure certainly the reference standard of amount
(1) conserves of bank account capital, do not exceed 30% of capital be conservinged;
(2) conserves land, building praedial, do not exceed the market of praedial the corresponding period such as land be conservinged, building to trade 30% of the price;
(3) conserves of the movables such as equipment of car, machine, the depreciation cost during exceeding the movables such as equipment of car be conservinged, machine to close down is used;
(4) conserves blame appear on the market of company equity or investment rights and interests, 30% what do not exceed equity be conservinged or invest rights and interests to give capital specified number to perhaps make over amount;
(5) conserves of the other property such as antique, calligraphy and painting, intellectual property, do not exceed 30% of appraisal of market prise of belongings be conservinged.
3, conserve formally to forensic application belongings
(The belongings before 1) appeals to conserves requisition
Belongings conserves the content that requisition should keep
Application conserves means of address of the person's identification, service, connection;
Apply for the fact that belongings conserves and reason;
Of controversy mark perhaps request item;
Specific and tangible worth be conservinged;
Conserve assure belongings proves or financial condition proves, perhaps do not need to offer conserve the reason that assure;
Other need is written down bright item.
(The identification material of 2) bilateral party
Accuser is an individual, hand in Id and photocopy; It is corporative, hand in industrial and commercial business charter and photocopy. The accused is an individual, print often live population news list, if the accused is husband and wife, need to prove husband and wife concerns; It is corporative, the business opportunity that is referred in industrial and commercial bureau to print reads archives material.
(3) applies for to conserve belongings detailed list and authority belong to proof material
So of the building, can print estate registration form to estate power center, need photocopy of accredit a power of attorney, estate authority date, cost of production 50 yuan.
(4) assures case
Unit affix one's seal signs by the legal representative, the individual must sign to the court personally.
(5) assures belongings detailed list and authority belong to proof material
If original of house property card reachs Xerox. Assure identification of business charter of the droit person Id of belongings or legal person, legal acting legal person, xerox.
4, forensic ruling is carried out
After the court gets accuser application material, whether is general meeting accepted in the ruling inside 48 hours, to according with a condition ought to accept, do not accord with a condition, give reject. After once the court rules,be being accepted, the belongings before can carrying out belongings to appeal to instantly conserves measure, according to accuser the requirement closes down, sequestered or freeze the property with corresponding the accused.
