5. CAN THE DECISION RENDERED UPON OBJECTION TO THE PRECAUTIONARY ATTACHMENT BE APPEALED?
If the court deems the objection to the precautionary attachment appropriate. It may accept the objection and change or lift the precautionary attachment decision. If the court decides to accept the objection to the precautionary attachment decision. The precautionary attachments placed on the debtor’s property. Shall be cancelled. If the court does not deem the objection to the interim attachment to be appropriate. It decides to reject the objection and to continue the interim attachment.
The legal remedy of “appeal” is regulated in the first section. Of the eighth part of the CCP titled “Legal Remedies” and paragraph (1) of Article 341 stipulates. That “An appeal may be filed against the final decisions. Rendered by the courts of first instance and the decisions. To be rendered upon objection in case of rejection of the requests for interim injunction, interim attachment and acceptance of these requests”.
While the creditor may appeal. Against the decision to accept the objection to the interim attachment. the debtor may appeal against the decision to reject the objection. The decision to be rendered by the Regional Court of Appeal. Upon the appeal application is final, and no appeal. Can be made to the Court of Cassation against this decision.
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