Meaning
Statutory provision governing asset and behavioral preservation in legal disputes where the potential actions of a party might render a judgment unenforceable or cause irreparable damage to the applicant. Application of article 100 civil procedure law allows a court to order measures before or during litigation based on the motion of a stakeholder or its own authority.
Judicial Remedy
Orders issued under this statute take effect immediately upon receipt and create a legal obligation for the respondent to comply or face sanctions. While ordinary litigation follows a standard trial timeline, article 100 civil procedure law functions to maintain the status quo when delay poses a concrete risk to the rights of the claimant.
Bond Provision
Applicants often must provide security in the form of cash or property to cover potential losses incurred by the respondent if the preservation is later found to be wrongful. Failure to provide this bond typically results in the rejection of the request by the judge.
Application Scope
The power granted here extends to specific types of assets such as bank accounts or intellectual property rights. Because article 100 civil procedure law is designed for urgency, its limits are defined by the necessity of the protection rather than the final merits of the underlying dispute.
