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Chapter 9 Property Preservation and Advance Enforcement
Article 92 If it becomes impossible or difficult to enforce a judgment because of the acts taken by one of the parties or for other reasons, the people’s court may, upon the request of the other party, make an order to preserve the property. In the absence of such requests, the people’s court may, when necessary, also order to adopt property preservation measures.
When a people’s court has decided to adopt property preservation, it may instruct the applicant to provide a surety; if the applicant fails to do so, his application may be rejected.
After receiving a party’s application, if the case is urgent, the people’s court must make an order regarding property preservation within 48 hours; if a people’s court makes an order for property preservation, it shall enforce the preservation immediately.
Article 93 Any interested party whose lawful rights and interests, due to urgent circumstances, would suffer from un-remediable harms if he fails to petition for property preservation immediately, may, before filing the lawsuit, petition to the people’s court for the adoption of property preservation measures. The petitioner shall provide a surety; if the petitioner fails to do so, his petition may be rejected.
After receiving a party’s petition for property preservation, the people’s court shall make a ruling within 48 hours; if property preservation is granted by a ruling, the preservation thereof shall be enforced immediately.
If the petitioner fails to file a lawsuit within 15 days after the people’s court has adopted the preservation measures, the people’s court shall cancel the property preservation.
Article 94 Property preservation shall be limited to the scope of the claim or to the property related to the case.
The measures of property preservation may include seizure, detain, freeze, or other methods as prescribed by law.
When a people’s court freezes a property, it shall notify the person whose property is frozen.
Those properties that have already been seized, detained, or frozen shall not be seized or frozen again.
Article 95 If the defending party whose property is preserved provides a security, the people’s court shall cancel the property preservation.
Article 96 Where a petition is wrongfully made, the petitioner shall compensate the defending party for any loss incurred from the property preservation.
Article 97 The people’s court may, at the request of a party, order the measures for the following cases to be enforced in advance:
(1)Cases involving claims of alimonies, supports for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care;
(2)Cases involving claims of wages; and