Procedures for Preservation

Article 103     Where a decree may become difficult to enforce or other damages may be incurred to a party due to the acts of the other party or for other reasons, the people's court may, upon the petition of the first party, make an order for preservation of the property of the other party or order the other party to perform or refrain from performing certain acts; In the absence of such a petition, the people's court may, on its own initiative, make an order for preservation of the property where necessary.

A people's court may order the petitioner to provide a security before making an order for preservation, and shall make an order to dismiss the petition if the petitioner fails to provide the security as ordered.

A people's court shall make an order within 48 hours after receiving a petition in case of an emergency; Where it makes an order for preservation, it shall start to enforce the order promptly.

Article 104     In case of an emergency where the lawful rights and interests of an interested party would suffer irreparable damage in the absence of a petition for an order for preservation, the interested party may file a petition with the people's court in the jurisdiction where the property to be preserved or the domicile of the party against whom the petition is filed is located or the people's court of competent jurisdiction over the case before filing a lawsuit or referring to arbitration. The petitioner shall provide a security, failing which the petition shall be dismissed.

A people's court shall make an order within 48 hours after receiving a petition; Where it makes an order for preservation, it shall start to enforce the order promptly.

Where the petitioner fails to file a lawsuit or a request for arbitration according to law within 30 days after the people's court has preserved the property, the people's court shall cancel the preservation measure.

Article 105     An order for preservation shall be granted to the extent of the petition or the property related to the case.

Article 106    An order for preservation of property shall be enforced by sealing up, seizing, freezing, or otherwise as specified by law. After a people's court has preserved any property, it shall promptly notify the person whose property has been preserved.

Any property that has been sealed up or frozen shall not be sealed up or frozen for a second time.

Article 107     In a property dispute case, the people's court shall make an order to cancel the preservation measure if the party against whom the petition is filed provides a security.

Article 108     Where a petition for preservation of property is filed at fault, the petitioner shall compensate the owner of the property for the losses incurred thereby.