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| 中华人民共和国民事诉讼法(英文版)(上) |
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| http://www.dffy.com 2007-1-19 17:16:29 来源:东方法眼 |
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Article 91. If no agreement is reached through conciliation or if one party retracts from his consent before the conciliation statement is served, the people s court shall render a judgment without delay. CHAPTER IX PROPERTY PRESERVATION AND PRELIMINARY EXECUTION Article 92. If it becomes impossible or difficult to execute a judgment because of the acts of one of the parties or for other reasons, the people s court may, at the request of the other party, order that property preservation be adopted. In the absence of such request, 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 shall be rejected. After receiving a party s application, if the case is urgent, the people s court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, implementation thereof shall begin immediately. Article 93. Any interested party whose lawful rights and interests, due to urgent circumstances, would suffer unremediable harms without immediately applying for property preservation, may, before filing the lawsuit, apply to the people s court for the adoption of property preservation measures. The applicant shall provide a surety; if the applicant fails to do so, his application shall be rejected. After receiving a party s application, the people s court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, the implementation thereof shall begin immediately. If the applicant fails to bring an action 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 relevant to the case. Property preservation shall be carried out by sealing up,. distraining, freezing or other methods as prescribed by law. should the people s court freeze a property, it shall notify the person against whom the application is made. Property that has already been sealed up or freezed shall not be sealed up or freezed again. Article 95. If the applicant against whom the application is made provides a surety, the people s court shall cancel the property preservition. Article 96. If the application is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation. Article 97. The people s court may, at the request of the parties concerned, order preliminary execution in respect to the following cases: (1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care;
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本文关键词:民事诉讼
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