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INTERPRETATION OF THE SUPREME PEOPLE'S COURT ON WHETHER THE PARTIES THAT APPLIED FOR PROPERTY PRESERVATION SHALL BE LIABLE FOR THE DAMAGE CAUSED TO NOT-IN-CASES PARTIES |
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(Announcement of the Supreme People's Court (Interpretation No.11 [2005] of the Supreme People's Court), August 15, 2005: adopted at the 1358th meeting of the Judicial Committee of the Supreme People's Court on July 4, 2005, and shall be implemented as of August 24, 2005) |
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SUBJECT : LEGAL INTERPRETATION; PROPERTY PRESERVATION; DAMAGE |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 08/15/2005 |
IMPLEMENT DATE : 08/24/2005 |
LENGTH : 93 words |
TEXT : |
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Recently, some courts required instructions on how to apply law to cases of compensation disputes arising from the damage caused by the parties that falsely applied for property preservation. We hereby make the following explanations upon deliberation:
According to Article 106 of the General Principles of the Civil Law of the People's Republic of China, Article 96 of the Civil Procedure Law of the People's Republic of China and other legal provisions, the parties concerned shall assume compensation liabilities for the damage caused to any outsider by their falsely application for property preservation.
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