Conservatoir beslag
Conservatory attachment
A conservatory attachment is a provisional measure whereby a creditor attaches the debtor’s assets to prevent their alienation or misappropriation before a judgment is obtained.
Conservatory attachment is a mechanism under Dutch civil procedure that enables a creditor to attach assets of the opposing party prior to or during proceedings. Its purpose is to preserve avenues of recourse by temporarily blocking those assets.
This form of attachment strengthens the creditor’s position by preventing the subsequent enforcement of a judgment from being frustrated through the dissipation of assets. Absent such a precautionary measure, the effectiveness of the judicial system in claims proceedings could be undermined.
In practice, conservatory attachment is frequently levied on bank accounts, real property or movable assets following leave granted by the interim relief judge, on condition that the attaching party demonstrates both the existence of a claim and a risk of dissipation.
“The attorney filed an application to levy a conservatory attachment on the debtor’s residence to secure the outstanding claim.”
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