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Prejudgment Attachment of Movables in French, Dutch and English Law
Published online by Cambridge University Press: 21 May 2009
Extract
Attachment of assets belonging to a debtor is liable to abuse, especially if the existence of the claim is contested and doubtful. That is why the rule has been developed mat attachment, in principle, is only permitted after a court has established the existence and validity of the claim. The court may do so in a final judgment which at the same time orders the debtor to pay. Thus, the attachment is nothing else than execution of the judgment However, in many countries a prejudgment attachment may be levied for fear that otherwise the debtor would spirit away bis assets pending proceedings. Sometimes this institution is coupled with special kinds of proceedings (e.g., replevin, unfair competition, landlord and tenant). This paper, however, is chiefly concerned with the general type of prejudgment attachment, and with the conditions under which it is permitted. It has been thought of interest to trace its vicissitudes through French, Dutch and English law. Dutch law has generally leaned heavily on the Napoleonic codification, but showed some independence precisely on this point English law is generally not indebted to French law, except perhaps precisely on this point.
- Type
- Research Article
- Information
- Netherlands International Law Review , Volume 39 , Special Issue S1: Law and Reality , October 1992 , pp. 377 - 390
- Copyright
- Copyright © T.M.C. Asser Press 1991
References
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