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What if the other party transfers the property before prosecution?
1. What property can the court preserve?
Preservation is limited to the scope of the request or the property related to the case. According to the provisions of China's Civil Procedure Law, when the judgment may be difficult to execute or cause other damage to the parties, the people's court may, upon the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts. If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately. Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved. Property that has been sealed up or frozen shall not be sealed up or frozen again.
Second, after the property transfer case, can the property be executed?
If the judgment of the property right transfer court can be enforced. 1. If the other party transfers the property before the prosecution, it may apply to the court for taking preservation measures for its property, ordering it to do certain acts or prohibiting it from doing certain acts. 2. If the court makes a judgment, it may apply to the court for compulsory execution, and the court may deduct its property according to law. According to the relevant laws and regulations, in the case that the judgment may be difficult to execute or cause other damage to the party due to the behavior of one party or other reasons, the people's court may, upon the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts.
Third, suing husband and wife can preserve the property of husband and wife.
Prosecuting a spouse can preserve the property of the husband and wife. According to the relevant laws and regulations, if the evidence may be lost or difficult to obtain later, the parties may apply to the people's court for evidence preservation during the proceedings, and the people's court may also take the initiative to take preservation measures. According to the application of the other party, it may be ordered to preserve its property, order it to carry out certain acts or prohibit it from carrying out certain acts; If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 100 A people's court may, on the application of the other party, order the preservation of property, order the implementation of certain acts or prohibit the implementation of certain acts in a case that may cause difficulties in execution or other damage due to the behavior of one party or other reasons. If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately.
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