Domicile:
Person in charge:
Entrusted agent:
Respondent: xxxx Engineering Co., Ltd.
Address:
Legal representative:
Requested items:
1. Request the court to lift the freeze on the bank account deposit of xxxxxxxxxx in the business department of Ningxia Branch of China Construction Bank;
Two, request the court to order the respondent to compensate the applicant for economic losses of xxxxx yuan.
Fact reason:
1. The respondent made mistakes in the preservation of the applicant's bank account, and the applicant is not a qualified defendant in this case and cannot bear civil liability independently;
Two, the applicant and the respondent signed a supply contract is the true meaning of both parties, the applicant asked the respondent to continue to perform the contract, did not agree to terminate the contract;
3. The commercial concrete provided by the respondent has serious quality problems, and it shall be liable for breach of contract and compensate for economic losses;
20xx 1 65438+1October1day, the applicant and the respondent signed a commercial concrete purchase contract, and both parties agreed that the respondent would provide concrete for XXX project. As of May 1 1 day of 20xx, serious quality problems occurred in the poured concrete provided by the respondent, which led to the suspension orders issued by XXX Real Estate Company of Party A and XXX Supervisor respectively. In order to complete the project on schedule, the applicant has to buy third-party concrete at a high price. Therefore, according to Article 111 of People's Republic of China (PRC) Contract Law: "If the quality does not meet the agreement, it shall be liable for breach of contract in accordance with the agreement of the parties. If there is no agreement or unclear agreement on the liability for breach of contract, and it cannot be determined according to the provisions of Article 61 of this Law, the injured party may reasonably choose to ask the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or payment of remuneration according to the nature of the subject matter and the size of the loss. " Therefore, the applicant did not agree to terminate the contract and filed a counterclaim in accordance with the law, demanding that the respondent redo and reduce the price and compensate the applicant for the economic loss of XXXXX yuan.
Four. The respondent applied to the court to freeze the XXXXXXXXXXX bank account of the business department of Ningxia Branch of China Construction Bank, which belongs to the basic account opened by the applicant in the People's Bank of China. Freezing the account prevents the applicant from normal economic exchanges and normal operation of funds, which seriously affects the applicant's business reputation. Therefore, the applicant applied to the court to unfreeze the account, and the applicant was willing to provide other property as a guarantee. Even if the respondent's claim is established, the amount applied to the court for freezing has exceeded the amount that should be paid. Therefore, the respondent shall compensate the applicant for the loss of the applicant's business reputation caused by freezing the applicant's bank account.
To sum up, according to the provisions of Articles 96 and 97 of the Civil Procedure Law of People's Republic of China (PRC), the applicant applied to the people's court for reconsideration of the civil ruling of (20xx) Yin Min Shang Chu Zi No. XXX, make a change ruling, lift the freeze on the applicant's bank account and deposit of XXXXXX yuan, and require the respondent to bear the economic loss of XXXXXX yuan caused to the applicant due to security errors.
I am here to convey
Yinchuan XX people's court
Applicant: XX Branch of XXX Co., Ltd.
Template 2 of application for property preservation Applicant: (State name, nationality, address, etc. )
Legal Representative: (indicate name and position)
Interviewee: (ditto)
The ownership of the applicant (specify the name of the ship) has caused losses to the applicant (specify the actual situation of the loss) due to ┈ (specify the reasons for requesting preservation). At present, the respondent's ship is anchored at People's Republic of China (PRC) (China) port. We hereby apply for your detention and order the respondent to provide a guarantee.
I am here to convey
People's Republic of China (PRC) Maritime Court
Attachment: (Evidence of Maritime Claims)
Applicant: XXX
XXXX year x month XX day
Property preservation application template 3 Applicant: XX Tongkai Machine Tool Equipment Co., Ltd. Address:No. XXX, XX Building, Yuanjiagang, Jiulongpo District, with XXX attached to the zip code.
Legal representative: Chen xx, position: board chairman.
Respondent: XX Beiting Automobile Transportation Co., Ltd., domicile: XXX, XX Road, Wansheng District.
Legal representative: Hao xx, position: board chairman, telephone number: 629xx9 19, zip code: 400800.
Respondent: Mo xx, male, Han nationality, 1 born on February 6, 965, address: xx Village, xx Town, Tongnan County1,and telephone number: xxx.
Requested items:
Request the court to extend the time limit for sealing up the vehicle of Chongqing B40043 in the civil ruling No.3997 of Jiufa Minchuzi according to law.
Reasons for application:
The dispute over the transportation contract between the applicant and the respondent was examined and accepted by your institute, and a civil judgment of (20xx) Jiufa Minzi Chu Zi No.3997 was made on October 7th, 20xx. It was decided that the respondent should compensate the applicant for related losses of 24,830.00 yuan, and the litigation cost was 170 1 yuan. In the course of litigation in this case, on April 30th, 20xx, according to the applicant's application, your hospital made a (20xx) Civil Ruling No.3997 of Jiufa Minzi Chu, and seized the vehicle of Chongqing B40043 and executed it. At present, the seizure period is about to expire, but the judgment of the second instance of this case has not yet been delivered. In order to ensure the smooth realization of the applicant's future judgment, according to the relevant provisions of the Civil Procedure Law, we request your hospital to immediately take the above-mentioned compulsory measures for property preservation of the respondent's vehicle B40043 in Chongqing and extend the detention period, so as to prevent the respondent from transferring the property and evading legal responsibilities after the detention period expires. We urge your hospital to deal with it according to law. thank you
I am here to convey
Jiulongpo District People's Court of XX City
xxx
20xx year x month x day
Property preservation application template 4 Applicant: Liu Moumou, male, Han nationality, born on, and living in X Town, a certain district of a city.
Respondent: Wang Moumou, male, Han nationality, was born on xx, xx, xxx, and lives in Unit X, Building X, District 4, a certain city.
Application items:
Immediately freeze the defendant's bank deposit of 65,438+044,000 yuan or seal up or detain other property of the respondent, equivalent to 65,438+044,000 yuan.
Facts and reasons:
The applicant brought a lawsuit to your institute for the dispute over the loan contract with the respondent. In order to prevent the respondent from transferring the property in the course of litigation, according to Article 92 of the Civil Procedure Law of People's Republic of China (PRC) and other relevant provisions, we now apply to your institute to take the preservation measures of freezing the bank deposit of RMB 65,438+044,000 or sealing up or detaining the property equivalent to RMB 65,438+044,000. The property of the respondent (located in Unit 7, District 4, a certain district of a certain city 1, with the property ownership certificate number xxx 135600). If the property loss of the respondent is caused by improper preservation measures, the applicant shall bear the responsibility.
Xx Municipal People's Court
Applicant: xxx
Time:
Model application for property preservation Article 5 Applicant: Yang xx, female, Han nationality,1born on April 6, 978, living at No.2, Floor 3, Unit 2, Building xx, xx Road, xx Town, Dali City, Yunnan Province, with ID number 53290 1 xxxxxxxxxxxx and mobile phone number 139872xxxxx.
Respondent: Li xx, male, Bai nationality,/kloc-0, born on September 7th, 975, with the same address as above. Id number 532901xxxxxxxx, mobile phone: 139872xxxxx.
Request: apply for inquiring and preserving the following property of the respondent:
1, time deposit certificate: account number 39500xxxxxxxxxxxxx, deposit 500000.00.
(500,000 yuan), opened an account in China Construction Bank Dali Nanzhao Sub-branch and deposited it in 20xx.6.3
2. Current account: CCB Dali xx Sub-branch opened an account with unknown deposit.
Card number 6227 xxxxxxxxxxxx, account number 39500 xxxxxxxx;
Facts and reasons: the applicant and the respondent have filed a lawsuit in your hospital for divorce disputes. Now, as the family joint deposit is controlled in the above two accounts of the respondent, in order to prevent the respondent from transferring the property, we hereby apply to your hospital for preservation.
The applicant provides the following guarantees: a family-owned property. Located in. No. xx, xx Road, Dali City, with the property ownership certificate number of 20 xxxxxxxxx, the construction area of 105.32 square meters and the market value of about 600,000.
I hereby apply.
I am here to convey
* * * * People's Court
Applicant:
date month year
Template for property preservation application Article 6 Applicant: xxx
Defendant: xxx
Risk warning:
The function of property preservation is to prevent the parties from disposing of the disputed subject matter before the people's court makes a judgment or disposing of the property available for execution after the judgment takes effect, so as to prevent the dispute from expanding and ensure the effective judgment to be executed. Therefore, when writing an application for property preservation, we should pay more attention to the risk of the other party's transfer of assets and the importance of property preservation.
Requested items:
1. Request to freeze the salary in the respondent's account xxxxxx according to law;
2. The respondent shall bear all safety expenses.
Facts and reasons:
Risk warning:
When applying for property preservation, the applicant must fully demonstrate and explain the legality and necessity of property preservation. In practice, some applicants' applications are too simple, the facts and reasons are not sufficient, they are not in line with the objective reality, and they rely entirely on their own wishes and have no rules. In this case, the court may request a new application or even reject the application.
The applicant and the respondent reached an agreement on the reasons for xxxx on xxx, xxx, xxx. On, in order to fulfill his agreement, the respondent now requests your institute to freeze the salary of RMB xxxx in the respondent's account number xxxx, so as to protect the legitimate rights and interests of the applicant.
I am here to convey
Xxx people's court
Applicant: xxx
20xx year x month x day
Model application for property preservation 7 Applicant _ _ Engineering Co., Ltd., domicile _ _ _ _ _ _ _ _ _ _ _ _.
Legal Representative: Yang, general manager.
Respondent _ _ limited liability company, domicile _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Legal representative Ma _ _, general manager.
Matters to be applied for: to seal up, detain or freeze the bank account deposit of RMB 10,000 or other equivalent property of the respondent according to law.
Facts and reasons:
On May 3, 20, the applicant and the respondent signed a project construction contract, which stipulated that the applicant should undertake the project of the respondent, and the contract stipulated the contract price, project settlement and payment method. After signing the contract, the applicant fulfilled the contractual obligations in time, and completed the project on July 5, 20__ _ _, 20__ _ 10/0. After settlement by both parties, the project price was RMB _ _ _ _ _ _ _ _ _ _ _ _.
In order to safeguard the legitimate rights and interests of the applicant and ensure the smooth execution of future judgments, an application for pre-litigation property preservation is hereby filed. Please make a ruling.
I am here to convey
_ _ Intermediate People's Court
Applicant:
Model application for property preservation 8 Applicant: ××× (specify name, gender, age, nationality, place of origin, occupation or work unit, position, address and telephone number)
Respondent: ××× (specify name, gender, age, nationality, native place, occupation or work unit, position, address and telephone number).
Requested items:
(Indicate the property that the respondent requested the court to seal up, detain or freeze, and indicate the location, quantity and amount of the property, etc. ).
The applicant provides the following guarantees:
1.……
2.……
Facts and reasons:
(Indicate the property to be preserved, including the relationship between the applicant and the respondent, the relationship between the applicant and the respondent, and the name, quantity, amount and location of the property to be preserved. The application reason mainly indicates that it needs to be saved.
Property damage and the importance and urgency of taking property preservation measures, that is, what behavior the respondent has to disperse and transfer the disputed subject matter. Specifically explain whether the respondent intends to sell, damage, transfer or conceal the disputed object, or intentionally squander its existing assets, and its significance in the execution of the judgment.
The above-mentioned divorce case between the applicant and the respondent has been brought to your hospital on September 6th, 20xx, and the respondent may damage or conceal the common property of the husband and wife in the litigation dispute. In order to avoid property losses and safeguard the legitimate property rights and interests of the applicant, the court is requested to implement property preservation measures in accordance with the provisions of Article 29 of the Civil Procedure Law. Evidence and evidence
For the above facts, give reliable evidence to prove their objective existence, not subjective existence.
Indicate the name, quantity and source of the evidence that can prove the application request. If there is a witness, the name and address of the witness shall be stated. (If the evidence is in the hands of the applicant, it shall be submitted to the court together with the application; If the evidence is not in the hands of the applicant, it shall provide evidence clues to the people's court). I am here to convey
-People's court
Applicant:-
Year-month-day
Template for property preservation application Article 9 The style of application documents for property preservation of citizens is for citizens to use when applying for property preservation.
Property preservation refers to the compulsory measures taken by the people's court against the property of interested parties or parties or the disputed subject matter before the case is accepted or during the litigation. According to the provisions of the Civil Procedure Law, property preservation is divided into litigation property preservation and pre-litigation property preservation. Therefore, the content of property preservation application can be divided into litigation property preservation application and pre-litigation property preservation application.
First, the litigation property preservation
Article 92 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "If the judgment cannot be executed or is difficult to be executed due to the behavior of one party or other reasons, the people's court may order property preservation according to the application of the other party; If the parties do not apply, the people's court may also order the adoption of property preservation measures when necessary. When the people's court takes property preservation measures, it may order the applicant to provide a guarantee; If the applicant fails 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; If it is decided to take property preservation measures, it shall be implemented immediately. "
An application for preservation of litigation property refers to a document in which the other party applies to the people's court to take preservation measures against the other party's property or the disputed subject matter in a civil case or an economic case, and the future judgment may be impossible or difficult to execute due to the actions of the parties or other reasons. Its purpose is to ensure the normal trial activities in the future and the smooth implementation of the effective judgment of the people's court, realize the legitimate rights and interests of the winning party, and safeguard the dignity of the law and the prestige of the people's court.
To apply for litigation property preservation, certain conditions must be met. These conditions are:
(1) must be a lawsuit for payment. Other types of litigation cannot take protective measures, because only the litigation of payment is enforceable.
(two) the application for litigation preservation must have reliable factual basis and sufficient reasons. That is, due to the behavior of one or both parties and other reasons, the effective judgment cannot be executed or is difficult to execute. This should include two aspects: one is subjective, that is, one or both parties have malicious behavior or may have such malicious behavior. Before the court makes it difficult or impossible to execute the judgment made by the people's court, there is an act or possibility of selling, concealing, destroying, transferring or squandering the disputed property or the disputed subject matter. The other is objective, that is, influenced by objective conditions of nature, such as wind and rain erosion, temperature change, aging period and so on. Property or articles that are not suitable for long-term preservation will deteriorate, rot and fail, resulting in losses, and it will also bring difficulties or even impossible to execute the effective judgment in the future, otherwise it will lose the significance of property preservation.
(3) In terms of time, the application for litigation property preservation must be made after the case is accepted and before the court makes a judgment.
If a party applies for litigation property preservation, it may apply in writing or orally, and the people's court shall record the application. If a party applies for litigation property preservation in writing, the application shall explain to the defendant's court the reasons for applying for litigation property preservation, the type, quantity, price and location of the subject matter or related property requested for preservation.
Second, the pre-litigation property preservation
Article 93 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "If the interested party fails to apply immediately due to an emergency.
If requesting property preservation will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for property preservation measures before prosecution. The applicant shall provide a guarantee. If no guarantee is provided, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours; Where property preservation measures are ordered, they shall be executed immediately. If the applicant does not bring a lawsuit within 15 days after the people's court takes the preservation measures, the people's court shall lift the property preservation. "
An application for property preservation before litigation refers to a document made by an interested party in an emergency when he applies to the people's court for property preservation before prosecution. If he does not apply for property preservation immediately, his legitimate rights and interests will be irretrievably damaged. To apply for pre-litigation property preservation, the following conditions must be met:
(1) The lawsuit filed in the future must be a lawsuit of payment, that is, the dispute between interested parties must have the content of payment. In this way, only by taking preservation measures can there be an object of execution and pre-litigation preservation be meaningful. On the other hand, if the lawsuit filed in the future is a confirmation or change lawsuit, it is meaningless for the interested party to apply for pre-litigation preservation because there is no object for execution.
(2) The legitimate rights and interests of creditors will be unable or difficult to be protected if the debtor does not take preservation measures due to malice or other reasons.
(3) In case of emergency and application for property preservation after prosecution, the legitimate rights and interests of the obligee suffer irreparable losses due to the malicious behavior of the obligor or other reasons.
(4) The obligee applies to the people's court with jurisdiction, and the people's court shall not take the initiative to take pre-litigation preservation ex officio.
(5) The applicant shall provide a guarantee. If the applicant fails to provide guarantee, the people's court will rule to reject his application for pre-litigation preservation.
(6) The applicant must bring a lawsuit to the people's court within 15 days after the people's court takes protective measures. If the applicant does not bring a lawsuit, the people's court shall lift the property preservation measures.
The above six conditions must be met at the same time, and neither of them is dispensable.
The application for property preservation must be made in accordance with the law and cannot be made at will. Either party may apply to the people's court for property preservation and submit an application for property preservation. If the application is reasonable and legal, it will cause the people's court to take property preservation measures.
Three. Scope of application of property preservation
According to Article 94 of the Civil Procedure Law: "Property preservation is limited to the scope of the request or the property related to this case." The so-called limited to the scope of creditor's rights mainly means that the value of the preserved property is basically equal to the amount of creditor's rights. For example, in a loan dispute, freezing the defendant's bank deposit should be roughly equal to the loan amount. The so-called property related to this case means that the preserved property is the subject matter of this case or other property implicated in the subject matter of this case. For example, in the lawsuit requesting the return of the timber price, the defendant has processed the timber into furniture, which is the property related to this case. Although the value of furniture may exceed several times the price of wood, the court can still take preservation measures for furniture. The reason why China's civil procedure law stipulates the scope of property preservation is to protect the legitimate rights and interests of both the applicant and the respondent. If the scope is too narrow, the legitimate rights and interests of the applicant may not be fully protected; If the scope is too wide, it will cause undue damage to the legitimate rights and interests of the respondent.
Four. Measures for applying for property preservation
According to the provisions of the Civil Procedure Law, property preservation measures include seizure, seizure, freezing or other methods prescribed by law. Seizure means that after the people's court counts the property that needs property preservation measures, it seals it and seals it on the spot, and may not handle or transfer it without authorization. This measure is mainly applicable to real estate.
Seizure refers to the people's court's seizure of property that needs property preservation measures in situ or in different places, and it is not allowed to use or dispose of it within a certain period of time. This measure mainly applies to movable property.
Freezing means that the people's court informs the relevant banks and other units with savings business that the respondent shall not withdraw or dispose of its deposits.
Other methods prescribed by law refer to methods other than the above three measures, which is a flexible provision. For example, withholding or withdrawing the labor income of the respondent; Prohibit the respondent from doing or not doing certain acts; Sell the sealed and detained articles that are not suitable for long-term preservation, and keep the price; Entrust relevant units to keep relevant property; Counting and ordering the respondent to keep the preserved property; For real estate and specific property (such as vehicles, ships, etc.). ), you can seize the relevant property license and notify the relevant property registration department not to handle the transfer procedures of the property, and so on.
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 concerned, the relevant units or individuals are responsible for the custody, and the people's court shall not use the property. After freezing property, the people's court shall immediately notify the person whose property has been frozen. If the property has been sealed up or frozen, no other unit including the people's court may seal up or freeze it again.
Article 96 of the Civil Procedure Law stipulates: "If the application is wrong, the applicant shall compensate the respondent for the losses caused by property preservation." Property preservation is a compulsory measure taken by the people's court to restrict the use and disposal of the respondent's property before or during the pending litigation. During this period, the respondent is unable to exercise his rights over his property, which is likely to bring some property losses to the respondent. Therefore, if it is caused by the applicant's wrong application, the applicant shall compensate the respondent for the losses caused by property preservation. This is not only a legal guarantee for the legitimate rights and interests of the respondent, but also a legal requirement for the applicant to exercise the right to apply for property preservation cautiously.
Document style
Citizens' property preservation application
Applicant:
Respondents:
In the event of a dispute between the above-mentioned applicant and the respondent, the respondent may damage (or conceal) the subject matter of the litigation dispute (or for other reasons) by bringing a lawsuit to your hospital (or the applicant is about to file a lawsuit). So apply for property preservation. The factual basis and reasons for the application are as follows:
Purpose of the request:
I am here to convey
People's court
applicant
date month year
Property preservation application template 10 Applicant: Li xx, male,1born on May 9, 970, Han nationality, living in Room XXX, Unit X, Zaoyuan Beili, Huangcun Town, Daxing District, Beijing, Tel: 8 197 1XXX.
Respondent: Yao xx, female,1born on August 30th, 1966, Han nationality, living in Room 2, Building 7, Zaoyuan Beili, Huangcun Town, Daxing District, Beijing. Tel: 86763XXX.
Requested item
Request to freeze the joint deposit of 920,000 yuan in the account of the respondent Yao xx Construction Bank.
Facts and reasons
The defendant and the defendant in the original trial were introduced in the first half of 19xx, and went through the marriage registration formalities in Daxing District People's Government of Beijing on February 6 19xx. A girl named xxx was born on X+09xx, and now she is studying in xxxx Primary School.
Before marriage, the relationship between the plaintiff and the defendant was acceptable. After marriage, the defendant became more and more indifferent to the plaintiff. Even during childbirth, the plaintiff did not take good care of it, and his family provoked the plaintiff in every way. The latter two quarreled constantly in order to deal with real estate and trivial matters of daily life. /kloc-in June of 0/5, the defendant threatened and beat the plaintiff with a knife. After the plaintiff called the police, the situation was calmed down. At that time, the defendant had a very bad attitude and had no intention of repentance. On July 3 of the same year, the original defendant had a dispute with the defendant, and the defendant put a kitchen knife around the plaintiff's neck. At this point, the plaintiff completely despaired of the defendant and the relationship between husband and wife disappeared.
Now the respondent may transfer or conceal the joint property of husband and wife. In order to safeguard the legitimate property rights and interests of the applicant, according to the provisions of Article 93 of the Civil Procedure Law of People's Republic of China (PRC), we now apply to the people's court for pre-litigation property preservation, and request to freeze the joint property of the husband and wife in the bank account of the respondent for 920,000 yuan.
Guarantee method: Li X, the father of the applicant, is willing to provide cash of 920,000 yuan as a guarantee.
I am here to convey
Beijing Daxing District People's Court
Applicant: Li xx
0xx year 1 month 10 day
Article 1 1 of the template for property preservation application Applicant:
Respondents:
Domicile:
Legal representative:
Location:
Requested item
In the case of a dispute over private lending between the applicant and the respondent, apply to the people's court to cancel the preservation matters confirmed by your hospital according to law.
Facts and reasons
After accepting the case of private loan dispute between the applicant and the respondent, your institute accepted the applicant's application for property preservation, and made a civil ruling on property preservation according to law to preserve the following property of the respondent:
Account name:
Account number:
Bank of deposit:
At present, the respondent has fulfilled the obligations specified in the Chinese character judgment No.728 of Nanjing Intermediate People's Court. According to the provisions of Article 109 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the applicant applies to your hospital for lifting the seizure and freezing of the above-mentioned property. Please allow it.
I am here to convey
xxx
Applicant:
Date of application: