Article 157 of the Supreme Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "The people's court may take property preservation measures for pledged property, pledged property and retained property, but it does not affect the priority of the pledger, pledgee and lien." ?

Article 508 stipulates that the person subjected to execution is a citizen or other organization. After the execution procedure begins, if other creditors of the person subjected to execution find that the property of the person subjected to execution cannot pay off all the creditor's rights, they may apply to the people's court to participate in the distribution. ?

Article 40 of the Supreme Court's Several Provisions on Enforcement also stipulates: "The people's court may seal up or detain the property that others enjoy the mortgage, pledge and lien. The proceeds from auction and sale of property shall be used to pay off the creditor's rights of the applicant executor after the mortgagee, pledgee or lien holder have priority in compensation. " ?

Extended data:

?

Case: Can the property preservation applicant get priority compensation?

Due to the difficulty in capital turnover, Zhang borrowed 300,000 yuan from Zhou, Yang and Liu respectively. After the loan expired, Zhang's business failed and there was no money to repay the three people's loans and interest. Zhou, Yang and Liu sued the court successively, requesting that they be ordered to repay the loan. Before the prosecution, Zhou learned that Li had property worth about 500,000 yuan, so he applied for property preservation, and the court also sealed up Li's property. ?

After the judgment came into effect, Zhou, Yang and Liu all applied to the court for enforcement. On the grounds that Zhou applied for property preservation, he advocated giving priority to the seizure of real estate. The court held that in this case, Zhou could not be given priority. ?

The priority of compensation must be clearly stipulated by law, which has no direct relationship with the preservation of property. Article 157 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the people's court may take property preservation measures for the mortgaged property, pledged property and retained property, but it does not affect the priority of the mortgagee, pledgee and lien holder. ?

This article stipulates the principle of dealing with the concurrence of property preservation and mortgage, and further explains that applying for property preservation will not achieve the effect of giving priority to compensation in the execution procedure. The opposite can be inferred. If property preservation creates priority rights for the applicant, then there will be multiple priority rights in the execution procedure, which will inevitably lead to rights conflict and execution failure.

Henan Higher People's Court-Does it affect the mortgagee if the house is mortgaged first and then sealed up?

China Court Network-Can property preservation applicants get priority compensation?