The cancellation of counter-guarantee in property preservation refers to the cancellation of counter-guarantee obligation after the expiration of the contract, when the counter-guarantee obligation does not occur within the validity period of the counter-guarantee contract or terms. At this time, if the counter-guarantee contract is invalid and the mortgage or pledge has been registered, it should go through the cancellation registration formalities at the registration authority. The conditions and scope of application of property preservation system and litigation injunction system are different. The property preservation system is applicable to ordinary civil proceedings, and the application for preservation can be made before and during the proceedings, and the scope of preservation can be all the relevant property of the defendant. Property preservation is generally carried out by sealing up or detaining, and the amount is limited to the amount sued by the plaintiff. At present, the prohibition system is only applicable to cases of infringement of patent rights and trademark rights in China, which was formulated to meet the requirements of TRIPS Agreement after China's accession to the WTO. The injunction can also be put forward before or during litigation, but its main request is that the defendant or interested party stop the infringing act and prohibit the circulation of related infringing articles. In practice, the court is strict in the use of injunctions, and generally speaking, applicants also need to provide more adequate guarantees.
legal basis: article 13 of the civil procedure law of the people's Republic of China adopts sealing up, distraining, freezing or other methods prescribed by law for property preservation. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved.
if the property has been sealed up or frozen, it shall not be sealed up or frozen again.