Chapter 228 - Refusal of Preservation
Li Chao heard the master complain that he once represented a divorce case, and he had a house in another place to apply for seizure, but because the judge went out to handle the case, he had to go through the approval of the court leaders at all levels until the president signed and agreed, and all the expenses of the business trip had to be reviewed by the discipline inspection team. Pen ~ fun ~ pavilion www.biquge.info
When the presiding judge saw that it was so troublesome, he directly said that he couldn't go, so that the master could only stare dryly.
In the past, when judges went out to preserve property, the parties provided expenses, and after the work was done, the parties would also ask the judges to take a walk to eat and drink, and the judges could relax after going out to do business, so the judges were also willing to go on business trips to handle cases.
However, now business trips have to be approved, and the parties' money cannot be used, and all expenses must be reimbursed to the treasury after returning.
Then the judge will be held accountable for the slightest flaw, so now the judge can push the property preservation, especially the property preservation if he has to go on a business trip.
Huaxia judges have a low status, very low salary, extremely strict management, extremely high requirements, great pressure, and extremely heavy responsibilities, and judges who have a little pursuit have resigned to become lawyers and make a lot of money. There are only judges left in the court who can't or can't go out for various reasons.
In the grim reality, under the shriveled purse, the judges of Huaxia do not have the same lofty sense of responsibility and mission as the judges of Western countries, and they can push back on risky things.
Therefore, the matter of property preservation is not optimistic! Listening to Wang Lin's tone, Li Chao knew that it must be difficult to apply for property preservation today!
For the benefit of Huang Yulan, a poor and hateful weak woman, no matter how many difficulties there are, Li Chao must work hard to overcome them!
Huang Yulan pleaded with a pleading face: "Judge, Li Xiaojun is shouting every day that he wants to sell his house to pay off his debts, he will really transfer his property, and please freeze his property as soon as possible." ”
Li Chao also made it clear to Wang Lin, "Judge, Li Xiaojun has already sold two houses privately. Li Xiaojun's behavior of derailing and transferring property is vile, and it is reasonable for us to ask for the freezing of assets, and we also ask the judge for your approval. ”
Wang Lin got up and said, "I heard what you said clearly.
But tell me no, I'm the undertaker, just for the specifics. The power to approve property preservation is all in the hands of the leaders. ”
I will take you to our President, and then you will report the situation to him and see what our President has to say. ”
After speaking, Wang Lin led the way and led Li Chao and them to see the president.
Perform property preservation. First of all, it is necessary to convince the judges and leaders of the court that this will be a huge undertaking.
Li Chao felt the resistance of this case, and it was really not easy for this case to successfully apply for property preservation.
It is necessary to devote 12 points of energy to convince the leaders of the court, and Li Chao is already mentally prepared for this.
They followed Judge Wang Lin to the office of the president of the First Civil Tribunal.
After knocking on the door and entering, I saw an old judge wearing reading glasses, over 50 years old, with gray temples sitting behind the black and red desk.
There was a sign on the desk that read "Yu Wenhe, President of the First Civil Court".
Judge Wang Lin handed over the case file and said respectfully to Yu Wenhe, "President Yu." This is a new divorce case that has been divided today, and the parties have come to apply for property preservation. ”
Li Chao and the others all smiled and greeted President Yu warmly, President Yu nodded lightly, took the case file and said, "I'll take a look at the case file." ”
The tone is high. With the domineering spirit of a middle-level leader.
After a cursory look at it, Yu Wenhe frowned and said: "This is a divorce case, and I have to freeze the deposit and the house." We won't approve it!
Whether this case is inseparable or not is still unknown, how can we freeze our assets before the divorce is granted? ”
Huang Bo's face turned red. He didn't expect it to be so difficult to apply for property preservation, and the court kept pushing it. But he didn't know how to refute and persuade President Yu, so he could only be aggrieved and depressed.
Huang Yulan also had a gloomy face, she couldn't understand that she had suffered a big loss, Li Xiaojun was a ** woman and sold a house without permission, the court did not trouble Li Xiaojun, but instead helped Li Xiaojun speak, embarrassing herself, and even applying for property preservation was delayed.
Li Chao had long been mentally prepared for this situation, and he replied calmly: "President Yu, it is one thing whether the court will grant a divorce, but it is another thing whether the court will grant a divorce, but it is another thing that the joint property of the husband and wife exists.
Since our client, Huang Yulan, sued for divorce, adduced evidence to prove the existence of the joint property of the husband and wife, and applied for property preservation. According to the law, then the court should take preservation measures. ”
Yu Wenhe frowned unhappily, and said in a stiff tone: "If we apply for property preservation in every divorce case, we have to go to preserve it, then how can we have so much energy and manpower, do we still want to handle the case?!"
It cannot be said that there are no divorce cases where property preservation is adopted, but the number is very small.
Moreover, there is no evidence to prove whether the house in Dongfang Xindiyuan in Shannan District is the joint property of Huang Yulan and Li Xiaojun.
Does the house have a title deed? Whose name is on the title deed? ”
Li Chao immediately replied: "President Yu, we provided a mortgage contract for the purchase of house C1892 in Oriental Xindiyuan, and the party B of the contract is Li Xiaojun, and the time of signing the contract is 2004, which is the period of the relationship between husband and wife, so it can be seen that the house is of course the joint property of the husband and wife. Huang Yulan has the right to apply for the freezing of the house. ”
Yu Wenhe shook his head when he heard this, looked at Li Chao and them, and said in a cold tone: "In this way, you can't get the real estate certificate, and you don't know the registration of the house."
You have to submit the title registration of this house to our court, the contract does not indicate the registration of the title, who knows whose name the house is now registered.
If it's registered in someone else's name, wouldn't we have made a mistake?! ”
When Yu Wenhe said this, his face was tough, and he did not mean to give in at all, and it was obvious that he was not willing to take preservation measures.
Huang Bo's face turned even redder, he didn't expect to be repeatedly harassed and shirked, and his heart was quite uneasy.
Huang Yulan is even more masterless, she really can't figure out why it is so difficult to punish a negative man like Li Xiaojun through the law!
Li Chao tried to persuade Yu Wenhe again, but he kept a smile and said: "President Yu, this mortgage contract can fully explain that Room C1892 of Oriental Xindi Garden belongs to the joint property of Huang Yulan and Li Xiaojun, and property preservation can be taken.
Li Xiaojun cheated on a ** woman, fraudulently used his daughter's name to take out an online loan, was extremely irresponsible to the family, and for his personal profligacy, he sold two houses without permission, he is likely to transfer his property, and he also asked the court to take this case seriously and take property preservation measures. ”
Yu Wenhe said coldly: "We carefully review the relevant materials of the property preservation application, which is to take this case seriously." (To be continued.) )