UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-6 Entered on FLSD Docket 10/14/2010 Page 50 of 75
Article 89. When a conciliation agreement is reached, the people's court shall draw up a conciliation statement. A conciliation statement
shall clearly set forth the claims of the action, the facts about the case, and the result of the conciliation.
The conciliation statement shall be signed by the judge and the court clerk, sealed by the people's court, and served on both parties.
Once the conciliation statement is receipted and signed by both parties, it shall become legally effective.
Article 90. The people's court need not draw up a conciliation statement for the following cases when an agreement is reached through
conciliation:
(1) cases of divorce in which both parties have become reconciled after conciliation;
(2) cases in which adoptive rela ionship has been maintained through conciliation;
(3) cases in which the claims can be immediately satisfied; and
(4) other cases that do not require conciliation statements.
Any agreement that does not require a conciliation statement shall be entered into the written record and shall become legally effective after
being signed or sealed by both parties, the judge and the court clerk.
Article 91. If no agreement is reached through conciliation or if one party retracts from his consent before the concilia ion statement is
served, the people's court shall render a judgment without delay.
CHAPTER IX PROPERTY PRESERVATION AND PRELIMINARY EXECUTION
Article 92. If it becomes impossible or difficult to execute a judgment because of the acts of one of the parties or for other reasons, the
people's court may, at the request of the other party, order that property preserva ion be adopted. In the absence of such request, he
people's court may, when necessary, also order to adopt property preservation measures.
When a people's court has decided to adopt property preservation, it may instruct the applicant to provide a surety; if the applicant fails to
do so, his application shall be rejected.
After receiving a party's application, if the case is urgent, the people's court must make an order within 48 hours concerning property
preservation; if property preservation is granted by an order, implementation thereof shall begin immediately.
Article 93. Any interested party whose lawful rights and interests, due to urgent circumstances, would suffer unremediable harms without
immediately applying for property preservation, may, before filing the lawsuit, apply to the people's court for the adoption of property
preservation measures. The applicant shall provide a surety; if the applicant fails to do so, his application shall be rejected.
After receiving a party's application, the people's court must make an order within 48 hours concerning property preservation; if property
preservation is granted by an order, the implementation thereof shall begin immediately. If the applicant fails to bring an ac ion within 15
days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.
Article 94. Property preservation shall be limited to the scope of the claim or to the property relevant to the case.
Property preservation shall be carried out by sealing up,. distraining, freezing or other methods as prescribed by law.
should the people's court freeze a property, it shall notify the person against whom the application is made.
Property that has already been sealed up or freezed shall not be sealed up or freezed again.
Article 95. If the applicant against whom the application is made provides a surety, the people's court shall cancel the property preservition.
Article 96. If the application is wrongfully made, the applicant shall compensate he person against whom the application is made for any
loss incurred from property preservation.
Article 97. The people's court may, at the request of the parties concerned, order preliminary execution in respect to the following cases:
(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for
medical care;
(2) those involving claims for remuneration for labour; and
(3) those involving urgent circumstances that require preliminary execution.
Article 98. Cases in which preliminary execution is ordered by the people's court shall meet the following conditions:
(1) the relationship of rights and obligations between the parties is definite, and denial of preliminary execution would seriously affect the life
or business of the applicant; and