2008Year July 25th1538, I was answering the granddaughter of the cab on the way home, suddenly 18321864965 mobile phone rang, is a strange number 021-5031****, a sweet voice: you are legal hotline? I am the housing conduit company, I have a question to ask: have a set of housing for sale, but this was the court attachment, whether can make it bear the transaction? There is no other way to solve?

   Answer: first, according to the "Regulations of the people's Republic of the Civil Procedure Law of the people's court may", the acts of either party or for other reasons, make impossible or hard to execute the judgment of the case, according to the request of the other party, make the property preservation order; the absence of such application, the people's court also can adopt property preservation measures when necessary. Property preservation measures attachment, seizure, freezing and other methods or legal provisions.

   Second, you said real estate attachment should be the people's court according to the applicant's application, or executing the program before the lawsuit, litigation, to restrict the debtor or the third person shall be disposed of preservation measures to fulfill the obligation of property. The seizure of property, the people's court shall make a ruling is, issue an enforcement assistance notice to the real estate trading center, for the house on the property preservation period, the court allowed the transfer without, or real estate transaction center to bear legal responsibility.

   Third, according to the Supreme People's Court on the application of the "PRC Civil Procedure Law" opinions on several problems of article 108th, the provisions of Article 109, effect of property preservation ruling in the litigation should generally be maintained to the effective legal document execution time. The Supreme People's Court on the people's court in civil implementation of attachment, seizure, freezing property twenty-ninth provisions: the court attachment of property, freezing and other property shall not exceed two years. The execution applicant apply for extension of time limit, the people's court shall in the attachment, seizure, freezing before the expiration of the time limit for attachment, seizure, freezing continuation procedures, the extended period shall not exceed the period stipulated in the preceding paragraph 1/2. In November 26, 2002, the Shanghai Municipal Higher People's Court issued the Shanghai high method (2002) 381, namely "Shanghai court for property preservation work several provisions (Trial)" the provisions of article forty-ninth: after the preservation measures, the people's court shall promptly inform the applicant shall, 7 days before the people's court renewal expires in preservation period after the expiration of the time limit, or the preservation of automatic discharge. Some provisions of the person to be enforced on the use of "release", once expired immediately to transfer property to go.

   Fourth, suggest you don't spend so much time in this house, so as not to waste precious time own. If you want to make this deal non can not bear, can go to check the real estate trading center has adopted the measures of preservation and court, and court and bear the responsibility according to the court, the court to terminate the preservation measures you can promote the transaction.

(blogger Advisory mobile phone 18321864965)