PROTECTIVE MEASURES
Protective measures are provisional means available to creditors in case of a valid debt and where circumstances exist likely to prevent recovery.
Attachment of credit bank balances
These measures allow the creditor to require any banking institution to immobilise
funds belonging to the debtor.
Attachment of personal property
These measures allow the creditor to immobilise the debtor’s personal property
either in its possession or in the possession of a third party and thereby to
prevent any depossession.
Provisional registration of mortgage
The effect of these measures is to allocate the debtor’s real property to a
guarantee of payment of the sums owed to its creditor.
Provisional registration of security
The effect of these measures is to allocate the debtor’s business concern to
a guarantee of payment of the sums owed to its creditor.
Attachment of company shares or securities
These measures allow the creditor to attach its debtor’s securities or associate
rights.
Attachment of assets in safe-deposit box
These measures allow the creditor to immobilise assets of the debtor held in
a safe-deposit box.
Sequestration of rented personal property
These measures allow the creditor to recover personal property on rent to the
debtor in respect of which rent payments are overdue or in case of non- restitution
at the end of rental.
Sequestration of personal property sold before payment is made
These measures allow the creditor to recover personal property sold by the debtor
for which payment has not been made.
Sequestation claim
These measures allow the immobilisation of personal property for the subsequent
restitution thereof (sequestration).
Protest of unpaid cheque without sufficient cover
These measures allow the creditor to be paid, in part or in full, the amount
of any cheque initially returned unpaid, providing the debtor’s bank balance
so allows.
Ratification of Heads of Agreement
Compilation of a payment undertaking by the debtor agreed with the client or
of a settlement (if need be ratified by a court of law).
Objection to sale price of business concern
These measures allow a creditor to oppose the distribution of the proceeds of
sale of the debtor’s business concern and to claim payment therefrom of the
value of its debt.
Bailiffs’ reports and surveys
These measures protect a creditor’s rights by means of bailiffs’ reports or
court-ordered surveys.