Property Owner's Rights in Preservation of Property

Property Owner's Rights in Preservation of Property

After a court makes an order to preserve property or takes a preservation action, the court shall promptly notify the owner or possessor of the property that has been preserved.

Upon receipt of the notice from the court, the owner or possessor may challenge the order for preservation or the preservation action with good cause shown. Upon receipt of such a challenge, the court will review the case, the petition, and the preservation action, and shall cancel the order or preservation action and release the property if it finds that the petition for preservation is erroneous and the challenge is grounded. The court shall also order the petitioning party to make compensation to the challenging party in case of any loss of or damage to the latter due to the erroneous petition for preservation.

The owner or possessor may also provide a security or pay a deposit to the satisfaction of the court and request that the property be released.
 

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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