In order to achieve the purpose of litigation and safeguard one's legitimate rights and interests, property preservation applications can be filed during the litigation process, and property preservation measures can be taken to facilitate the implementation of the purpose after the litigation is over. However, what things can be subject to property preservation? What is the duration of property preservation? Lawyer 365 editor will provide specific explanations on these contents in the following text.
The specific period for property preservation is:
1. Bank account and deposit: For the first six months, freeze for another three months.
2. Property and land: First two years, renewed for one year.
3. Equity: For the first two years, freeze for another year.
4. Non tradable shares of listed companies (national shares, social legal person shares, restricted tradable shares, etc.): For the first year, they will be frozen for another six months.
5. Ordinary shares (tradable shares) of listed companies: for the first two years, frozen for another year.
6. Bonds: First year, frozen for another six months.
7. Vehicle: Unlimited (Shanghai Public Security Bureau Vehicle Management Office does not accept time limited seizure).
8. Machinery and equipment, goods: First year.
Supplementary knowledge: Object of property preservation
According to the provisions of the law and the actual situation, the objects that can be subject to property preservation are mainly the physical property and property rights owned, possessed, and enjoyed by the defendant. Specifically, there are:
1. The defendant's bank account (name must match the defendant's name) and deposits.
2. The defendant owns the property registered in the real estate transaction center or the land with the right to use it.
3. The defendant's equity, stocks, bonds, dividends, and other income from external investments.
4. The defendant owns the vehicle.
5. The defendant owns the factory buildings, machinery and equipment, raw materials, semi-finished products, finished products and other goods.
6. The defendant's matured debts to others, rent payable to the defendant by others, etc.
7. The defendant is entitled to exclusive intellectual property rights such as patents and trademarks.
8. Other types of defendants possess property with monetary value and rights.
The effectiveness of property preservation is not without a final term, and generally lasts until the date of applying to the court for enforcement after the judgment takes effect. The preservation period for different types of property is also different, and can only be maintained for a certain period after each preservation measure is taken; If no measures are taken to renew the seal or freeze upon expiration, the preservation measures will automatically become invalid. Therefore, after the court takes preservation measures, it is still necessary to continue to pay attention to the expiration time of the preservation measures. If it is necessary to continue taking measures to renew the insurance, it is best to apply to the court 30 days before the expiration of the deadline, and the court will arrange for the renewal in a timely manner.
