Ontwikkelingen in het civielrechtelijk conservatoir beslag in Nederland

Abstract

The Dutch provisions on prejudgment attachment are special in the sense that they have a liberal character. This means that – compared to similar provisions in other countries– obtaining leave to impose attachment for a claim that has not yet been established by law is relatively simple. Prejudgment attachment is characterized by an inherent conflict of interests of the attaching party (who wants to secure his claim, pending a decision by the court) and the attachee (in being able to dispose of his assets without hindrance and in being protected from unlawful attachment). Prejudgment attachment can have far-reaching consequences for the attachee. The subject of this study is the balance of the Dutch system of prejudgment attachment and that of the proposal for European bank attachment.