The court has frozen a lot of property, who will bear the losses? Dong Law talks about it!

The answer is as follows:

1. According to Article 96 of the "Civil Procedure Law", if the party's application makes an error, the applicant shall compensate the respondent for any damages suffered due to property preservation. loss. Therefore, we only compensate for the wrong part.

2. According to Article 19 of the "Several Provisions", if the respondent suffers losses due to an error in application, the applicant shall compensate; if the loss is caused by the people's court taking preservation measures in accordance with its authority, the applicant shall compensate the respondent. The people's court shall provide compensation in accordance with the law. It only stipulates two simple processing methods: application and ex officio. However, it does not indicate how to deal with the situation when the applicant has no fault but the court is at fault. It can only be said that according to the fault theory of civil law, it should be inferred that there should be fault. The party shall be liable for compensation. Therefore, the applicant should be liable for the loss caused to the respondent for the 500,000 yuan applied for seizure, and the court should be liable for the loss caused to the respondent for the 45.5 million yuan that exceeds the amount of seizure.

3. Real estate is generally seized as a whole, unless the subject matter is divisible. For example, the property includes a house, a garden swimming pool in front of the house, an independent parking space behind the house, etc. In this case, Only the part of the real estate that does not exceed the amount of the subject matter in dispute will be seized. For divisible items, the transfer will not be affected, but for indivisible items, it will definitely be affected.