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What does the short message sent by the court mean to enforce financial insurance?
Before deciding to adopt litigation preservation measures, the people's court may order the applicant to provide a guarantee, and if it refuses to provide a guarantee, it shall reject the application for litigation preservation. In case of emergency, the people's court may make a ruling within 48 hours and immediately take litigation preservation measures. If a party refuses to accept the ruling on litigation preservation, it may apply for reconsideration. During the period of reconsideration, the execution of the award shall not be stopped.
Property preservation must meet the following conditions
1. It must be an emergency. Failure to take property preservation will cause irreparable damage to the legitimate property rights and interests of the applicant.
2. The interested party must apply to the people's court where the property is located, and the court will take the initiative to take property preservation measures without authority.
The applicant must provide a guarantee, otherwise the court will reject the application.
4, the case must have the content of payment, this is a lawsuit of payment.
5. It is necessary that one party's behavior may make the judgment difficult to execute.
6. The application must be made during the proceedings. When necessary, the court may also decide to take litigation property preservation measures ex officio.
7. The applicant provides a guarantee. If the court has not ruled to provide a guarantee, this restriction shall not apply.
The extended data and property can be sealed up, detained, frozen or other ways prescribed by law.
1, sealed. It refers to a property preservation measure that the people's court seals the property that needs to be preserved after counting to prevent any unit or individual from disposing of it. Seizure refers to a property preservation measure that the people's court moves the property that needs to be preserved to a certain place and detains it to prevent any unit or individual from disposing of it.
When the people's court takes property preservation measures to seal up or detain property, it shall properly keep the sealed-up or detained property. The parties may be responsible for the custody of the seized articles, but may not use them.
2. Don't move. It refers to a property preservation measure that the people's court informs the relevant financial units according to law that the respondent may not withdraw or transfer its deposits. No unit or individual may use the funds frozen by the people's court according to law. Property that has been sealed up or frozen shall not be sealed up or frozen again.
3. Other ways permitted by law. Including ordering the respondent to provide a guarantee. Ordering the respondent to provide a guarantee refers to the property preservation measures that the people's court orders the guarantor to issue a written guarantee or the respondent provides a bank guarantee or a physical guarantee.
When the people's court takes preservation measures for seasonal commodities, fresh, perishable and other items that are not suitable for long-term preservation, it may order the parties concerned to deal with them in time, and the people's court shall preserve the price. When necessary, the people's court shall sell it and keep the price.
The Supreme People's Court's judicial interpretation of the implementation work has very clear and specific provisions on the above implementation methods, and property preservation measures can be implemented in accordance with relevant implementation provisions.
Baidu encyclopedia-property preservation
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