Примери за използване на Precautionary attachment на Английски и техните преводи на Български
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Precautionary attachment is valid for up to three years.
Thirdly, the claimant seeking precautionary attachment must be competent to do so.
Bank accounts, intangible assets, securities etc. may be subject to precautionary attachment. .
A second condition for precautionary attachment is that the claimant must have a claim.
A distinction is made between the type of goods attached(movable or immovable)and the nature of the attachment( precautionary attachment and attachment in execution of a judgment).
As with precautionary attachment, the claim must be certain, fixed and payable.
An order issued by the presiding judge of a commercial court authorising a precautionary attachment is subject to objection or appeal.
Precautionary attachment may be converted into attachment in execution(Articles 1489 to 1493 Judicial Code).
Detailed rules on garnishment may be found in Articles 1445 to 1460 Judicial Code(precautionary attachment) and Articles 1539 to 1544 Judicial Code(attachment in execution of a judgment).
Any claimant with a claim displaying certain characteristics may exercise precautionary attachment, regardless of the value of the goods attached and the amount of the claim(see Article 1413 Judicial Code).
Precautionary attachment may be applied to monies, securities or other traceable moveable intangible assets owed to a debtor by a third person.
The appeal periods have the effect of suspending attachment in execution of a judgment(but not precautionary attachment) in cases where a party has been ordered to pay a sum of money.
For precautionary attachment, in principle the permission of the judge of attachments is required and there must be reasons of urgency(Article 1413 Judicial Code).
All of the debtor's property that the law does not declare"unseizable"(such as the goods necessary for day-to-day life or to perform a profession)may be the subject of precautionary attachment.
If the judge of attachments authorises precautionary attachment, the debtor or any other interested party may institute third-party proceedings against the decision.
Where precautionary attachment can be imposed without judicial authorisation, the debtor can appeal against it by applying to the judge of attachments to lift the attachment(Article 1420 Judicial Code).
Authorisations by the presiding judge of a commercial court to carry out precautionary attachments expire if the precautionary measure is not taken within the time period laid down in the order.
Precautionary attachment[el embargo preventive de bienes], aimed at ensuring the enforcement of judgments ordering the delivery of amounts of money or yields, rents and fungible goods that can be estimated in cash by applying fixed prices.
Detailed rules on garnishment may be found in Articles 1445 to 1460 Judicial Code(precautionary attachment) and Articles 1539 to 1544 Judicial Code(attachment in execution of a judgment).
Precautionary attachment of quantifiable goods, money, income, products is used to ensure a balance so that the defendant can meet the costs of any possible order obtained, especially in cases where compliance with the judgment would not occur voluntarily.
There are special rules governing attachment of ships and aircraft(for precautionary attachment: see Articles 1467 to 1480 Judicial Code and for attachment in execution of a judgment: see Articles 1545 to 1559 Judicial Code).
In addition to normal precautionary attachment and attachment in execution of movable and immovable property, there are also special rules for attachment of ships(Articles 1467 to 1480 and Articles 1545 to 1559 Judicial Code), distraint(Article 1461 Judicial Code), replevin(Articles 1462 to 1466 Judicial Code) and attachment of unharvested fruit and crops(Articles 1529 to 1538 Judicial Code).
If the judge of attachments refuses permission for precautionary attachment, the applicant(i.e. the claimant) may lodge an appeal against the decision with the Court of Appeal within a month.
This is not an obstacle to precautionary attachment, as the court order imposing attachment need not specify which deposits or dematerialised shares are to be attached.
There are special rules governing attachment of ships and aircraft(for precautionary attachment: see Articles 1467 to 1480 Judicial Code and for attachment in execution of a judgment: see Articles 1545 to 1559 Judicial Code). C. Kantonnement.
A court may admit the application of judicial seizure or precautionary attachment if this measure is necessary to preserve the respective right and a case is pending as regards ownership or another overriding right in rem, the possession of assets or the use or administration of joint property.
The bank(and all third parties in general)which receives a request for precautionary attachment in respect of one of its clients has an obligation immediately to disclose to the bailiff all of its obligations to the debtor(all the accounts opened in the name of the debtor and all amounts registered in the debtor's account).
A creditor having no enforceable order may request the execution of precautionary seizure or attachment if they prove that they have lodged a claim.
Attachment in execution of a judgment therefore plays a precautionary role in the first instance.