THE PROCEDURE COMPLEMENTARY TO THE ATTACHMENT (FINALISATION)
Creditor is obliged to perform the complementary procedure. In order to convert the precautionary attachment into a definitive attachment and to be authorised to demand a sale in this sense.
The creditor must initiate proceedings against the debtor or file a claim against the debtor within 7 days following the execution of the precautionary attachment decision. Otherwise, the precautionary attachment order shall automatically lapse.
***If the creditor files a lawsuit or initiates a proceeding within 7 days as a complementary procedure, the precautionary attachment shall continue until the end of the lawsuit or proceeding. If the creditor is justified at the end of the lawsuit or proceeding, the precautionary attachment becomes a final attachment and the creditor may request the sale of the goods.
***If there is no objection to the payment order in the proceeding initiated after the precautionary attachment, the precautionary attachment becomes final.
***If the debtor objects to the payment order, the creditor must either file a lawsuit for the cancellation of the objection or request the removal of the objection within 7 days from the notification of the objection in order to continue the precautionary attachment.
COMPENSATION CASE ARISING FROM UNFAIR PRECAUTIONARY ATTACHMENT
The creditor, who unfairly obtained the precautionary attachment. Decision and caused damages in this context. Must compensate the damages of the debtor who is flawless.
The conditions for the debtor to file a lawsuit for compensation for wrongful attachment.
-Implementation of the precautionary attachment decision,
-Unjustified sequestration,
-Damage,
-Appropriate causal link,
-It is liability without fault. (No fault is required.)
Plaintiff: The debtor whose goods have been wrongfully. Sequestrated or third parties who have suffered damages.
Defendant: The creditor who unjustly imposed a precautionary attachment. On the debtor’s goods.
***This case is heard in general courts.
***The competent court is the court of the place. Of residence of the creditor. Since the wrongful act is in question, it is the court. Where the wrongful act occurred or the court. That issued the precautionary attachment decision.
*** The statute of limitations for the lawsuit for damages. To be filed after the unfair interim attachment is 2 years. (Unlike the interim injunction, it is 2 years. In precautionary injunction, this period is 1 year). This 2-year period starts. From the finalisation of the decision to lift the precautionary attachment.
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