[Direct answer]Under normal circumstances, this is not possible. Applying for enforcement presupposes that the performance period specified in the effective legal document has expired. If the obligee has not performed the obligation within the performance period, the obligee may apply for enforcement; if the period has not yet expired, the conditions for applying for enforcement are usually not met, and the court generally will not accept the case. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) on enforcement procedures, civil judgments and rulings that have legal effect must be performed by the parties; if one party refuses to perform, the other party may apply to the people's court for enforcement. However, there are several exceptions and alternative solutions: first, if the performance is in installments, the obligee may apply for enforcement separately for each expired installment; second, if the obligee explicitly states that he will not perform or indicates by his actions that he will not perform, the obligee may claim anticipatory breach of contract and initiate separate litigation; third, if the performance period has not yet expired, the obligee may prevent the transfer of property through property preservation or litigation-related measures to protect the property; fourth, if there are other arrangements in the judgment, the enforcement shall be carried out in accordance with its content. Therefore, it is often ineffective to apply for enforcement prematurely when the performance period has not yet expired, and it is necessary to adopt measures such as property preservation instead.

1. Problem background and typical scenarios

After obtaining the judgment, creditors are often eager to initiate enforcement due to concerns about the debtor transferring assets. Typical scenarios include: the judgment stipulates payment in three installments, with only the first installment due; the mediation agreement has a longer time limit, and the creditor worries about delays; the debtor has already shown signs of transferring assets during the litigation; and the judgment has taken effect but the enforcement period still has several months left. Beijing area courts strictly review the conditions for registering enforcement cases, and applications submitted before the deadline are usually returned, which not only wastes time but also may disrupt strategies. The correct approach is to assess whether there are urgent property risks, and if necessary, apply for preservation or behavioral preservation in a timely manner, and then apply for enforcement immediately after the deadline expires, ensuring a smooth transition.

II. Key points of contention

First, the criteria for determining the expiration of the performance period. Second, how to apply for enforcement in stages under the circumstances of performance in installments. Third, the constitution of anticipated breach of contract and the remedies. Fourth, the applicable conditions of property preservation and behavioral preservation. Fifth, how to link preservation with enforcement. Sixth, the handling of the application for preservation being returned. These issues determine the debtor's ability to mitigate losses.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers suggest handling situations where the performance period has not yet arrived in three steps. Firstly, determine whether there are urgent risks. If the other party shows signs of transferring, concealing, or selling property, you should immediately assess the necessity of preservation to avoid having no property to enforce after winning the case. Secondly, choose appropriate tools. For payment obligations that have not yet matured, you can apply for property preservation during litigation or enforce the matured portion during the execution stage; for ongoing obligations or behavioral obligations, you can consider behavioral preservation. Thirdly, ensure a smooth transition. Preservation is not a final measure. After the performance period expires, you should promptly apply for enforcement and include the preserved property in the enforcement target. In practice, you should also pay attention to anticipated breach of contract situations: if the obligor explicitly states or demonstrates through actions that they will not perform the obligation, the right holder can assert their rights before the performance period expires, but usually needs to do so through litigation rather than directly applying for enforcement. In an enforcement objection case handled by Henglue Lawyers, the third party purchased a commercial housing unit in full and actually moved in, but the developer was seized by the court due to external debts and the house had not yet obtained a property ownership certificate. The attorney organized evidence based on the requirements that a legally valid sales contract had been signed before the seizure, the full payment had been made, the buyer owned the only housing, and the failure to transfer ownership was not due to the buyer's own reasons. According to relevant judicial interpretations, the court ultimately ruled to reject the enforcement applicant's request and preserved the house. This case shows that rights conflicts in the execution and preservation stages require meticulous evidence preparation and legal argumentation, and the judgment of deadlines and paths is equally important. This case was handled by Beijing Henglue Law Firm.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, check the performance deadlines specified in the legal documents and perform the obligations in phases according to the start dates of each phase; Second, assess and preserve the property in time when discovering property risks to avoid the loss of property before the deadline; Third, after preservation, pay attention to the connection of deadlines and apply for enforcement immediately after the deadline; Fourth, if there is an anticipated breach of contract, file a lawsuit separately to assert rights. For related services, please refer to the following link for more information:Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesColumn. Legal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) on the conditions for applying for enforcement and property preservation and behavioral preservation; Article 578 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) on anticipatory breach of contract. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it is generally not possible to apply for enforcement before the performance period is over. If you apply for it rashly, your application will be rejected. Secondly, for partial performance, you can apply for enforcement on the expired part first to avoid overall delay. Thirdly, if you are worried about the transfer of property, preservation is more feasible than early enforcement. Fourthly, after preservation, you should promptly connect with enforcement to avoid losing control after the expiration of preservation. If you need to understand the connection plan between enforcement and preservation, you can contact us throughCreditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Can I apply for enforcement before the performance period has arrived?

Generally, this is not possible. The application for enforcement presupposes that the performance period specified in the legal document has expired. If the period has not yet expired, the court usually will not accept the case. If you are worried that the other party may transfer assets, you can consider applying for property preservation or behavioral preservation. After the performance period has expired, you can then apply for enforcement and include the preserved assets in the scope of enforcement.

Q2: How to implement the phased performance of the contract?

You can apply for enforcement separately for the parts of each installment that have already expired, without waiting for all of them to expire. The application period for each installment starts from the last day of the performance period for that installment. It is recommended to establish a database to track the deadlines of each installment, and apply for enforcement as soon as they are overdue to avoid delays in overall effectiveness and recovery caused by installment arrangements.

Q3: What should I do if the other party says they're going to run away?

The preservation plan should be evaluated as soon as possible. If the case has entered the litigation stage, you can apply for litigation property preservation; if the judgment has been issued but the enforcement period has not arrived, you can consider applying for enforcement of the overdue part or making separate claims for anticipated breach of contract. At the same time, collect clues about the other party's transfer of property, such as large-sum transfers and transfer records, for the court to refer to when conducting investigations and controls.

Q4: How are the costs of preservation and enforcement calculated?

The application for preservation of evidence requires the payment of an application fee and the provision of a guarantee, which can be in the form of cash, real estate, or insurance against preservation liability; the enforcement application fee is generally borne by the person subject to enforcement. If the preservation of evidence is incorrect, the applicant may be liable for compensation. Therefore, the preservation of evidence should be based on reasonable grounds, and it is recommended to evaluate the necessity under the guidance of a lawyer.

Q5: What should I do if my advance application is rejected?

There's no need to submit the application repeatedly. You can first confirm the performance deadline and withdraw the application if necessary; at the same time, take protective measures against urgent risks; and reapply for enforcement after the deadline expires. If the application is returned due to partial performance, you can apply separately for the parts that have already expired to avoid overall delays.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.