conservatoir beslag tot levering
English translation: pre-judgment attachment for the purpose of delivery
| 13:43 Nov 22, 2017 |
| Dutch to English translations [PRO] Law/Patents - Law (general) / aandelen | |||||||
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|  Selected response from: Michael Beijer United Kingdom Local time: 08:25 | ||||||
Grading comment
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| 3 +1 | pre-judgment attachment for the purpose of delivery |
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| Summary of reference entries provided | |||
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| Jurlex once again |
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| Discussion entries: 3 | |
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Answers
4 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1pre-judgment attachment for the purpose of delivery Explanation: see e.g.: "31 Are orders for delivery up or preservation of evidence or property available? In general, the Dutch Code of Civil Procedure provides for the possibility of a pre-judgment attachment for the purpose of delivery or surrender of assets and evidence. However, it is questionable whether under Dutch law attachment to preserve evidence is allowed except for evidence in intellectual property law cases. Dutch case law and literature are still not consistent with regard to whether the Dutch Code of Civil Procedure provides for a sufficient legal basis to grant leave for attachment of assets in order to preserve evidence in non-intellectual property law-cases. Recently, the Court of Amsterdam raised a prejudicial question to this end to the Dutch Supreme Court, and it is expected the answer will bring more clarity. " (http://documents.jdsupra.com/05babd38-6149-4806-b4e4-c193307... ) -------------------------------------------------- Note added at 7 mins (2017-11-22 13:51:02 GMT) -------------------------------------------------- JurLex: beslag tot levering = attachment for the purpose of delivery -------------------------------------------------- Note added at 12 mins (2017-11-22 13:55:48 GMT) -------------------------------------------------- see also: "Types of attachment Different types of pre-judgment attachments exist. The general form of a pre-judgment attachment (verhaalbeslag) serves as security for a financial claim that the creditor has against the debtor. Another form of pre-judgment attachment (leveringbeslag) secures the right of the delivery of goods that the creditor has bought and paid for, which the debtor refuses to deliver. A subsequent judgement on the transfer of the asset (be it paying the purchase price or not) is secured through laying the attachment. A claim for the return of property (recovery) can also be secured with a PRE-JUDGMENT ATTACHMENT FOR DELIVERY (LEVERINGBESLAG). Pre-judgment attachments where the attachment secures a monetary claim (verhaalsbeslag), are the most common. It is possible to lay an attachment on debtor’s assets, such as vehicles, real estate, plot of land and even outstanding claims, including his bank accounts, since a bank balance is simply a claim from the account holder to the bank. This is called a third-party attachment. It is also possible to lay an attachment on salary. When petitioning for a pre-judgment attachment on debtor’s salary (loonbeslag), debtor has the right to be heard. This constitutes an exception to the rule. In its ruling the court will take into consideration the income and assets and the remaining attachment-free amount of debtor. The attachment-free amount is the minimum income remaining at debtor’s disposal for basic living expenses, such as food, clothing and rent. " (http://www.nlchamber.cz/clanky-attachment-of-assets-in-the-n... ) + then JurLex: conservatoir leveringsbeslag = prejudgment attachment to render transfer impossible -------------------------------------------------- Note added at 24 mins (2017-11-22 14:07:38 GMT) -------------------------------------------------- see also: "...transfer restrictions as a result of an attachment on movable property..." in: "The central question raised is whether this encumbered property right is an appropriate legal concept to protect a specific party against a transfer of ownership. This question is analysed by comparing three legal concepts that may lead to an encumbered property right: delivery constituto possessorio, nullification of a legal act by an actio pauliana and transfer restrictions as a result of an attachment on movable property. In relation to each of these concepts, the following three issues are considered." (found somewhere online) |
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Reference comments
8 mins peer agreement (net): +2 |
| Reference: Jurlex once again Reference information: beslag tot levering attachment for the purpose of delivery |
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