conservatoir beslag tot levering

English translation: pre-judgment attachment for the purpose of delivery

13:43 Nov 22, 2017
Dutch to English translations [PRO]
Law/Patents - Law (general) / aandelen
Dutch term or phrase: conservatoir beslag tot levering
conservatoir beslag tot levering...
Olga Prisekina-Olrichs
Netherlands
Local time: 19:13
English translation:pre-judgment attachment for the purpose of delivery
Explanation:
see e.g.:

"31 Are orders for delivery up or preservation of evidence or
property available?
In general, the Dutch Code of Civil Procedure provides for the possibility
of a pre-judgment attachment for the purpose of delivery or surrender of
assets and evidence. However, it is questionable whether under Dutch law
attachment to preserve evidence is allowed except for evidence in intellectual
property law cases. Dutch case law and literature are still not consistent
with regard to whether the Dutch Code of Civil Procedure provides
for a sufficient legal basis to grant leave for attachment of assets in order
to preserve evidence in non-intellectual property law-cases. Recently, the
Court of Amsterdam raised a prejudicial question to this end to the Dutch
Supreme Court, and it is expected the answer will bring more clarity. " (http://documents.jdsupra.com/05babd38-6149-4806-b4e4-c193307... )

--------------------------------------------------
Note added at 7 mins (2017-11-22 13:51:02 GMT)
--------------------------------------------------

JurLex:

beslag tot levering =
attachment for the purpose of delivery

--------------------------------------------------
Note added at 12 mins (2017-11-22 13:55:48 GMT)
--------------------------------------------------

see also:

"Types of attachment

Different types of pre-judgment attachments exist.

The general form of a pre-judgment attachment (verhaalbeslag) serves as security for a financial claim that the creditor has against the debtor. Another form of pre-judgment attachment (leveringbeslag) secures the right of the delivery of goods that the creditor has bought and paid for, which the debtor refuses to deliver. A subsequent judgement on the transfer of the asset (be it paying the purchase price or not) is secured through laying the attachment. A claim for the return of property (recovery) can also be secured with a PRE-JUDGMENT ATTACHMENT FOR DELIVERY (LEVERINGBESLAG). Pre-judgment attachments where the attachment secures a monetary claim (verhaalsbeslag), are the most common. It is possible to lay an attachment on debtor’s assets, such as vehicles, real estate, plot of land and even outstanding claims, including his bank accounts, since a bank balance is simply a claim from the account holder to the bank. This is called a third-party attachment. It is also possible to lay an attachment on salary. When petitioning for a pre-judgment attachment on debtor’s salary (loonbeslag), debtor has the right to be heard. This constitutes an exception to the rule. In its ruling the court will take into consideration the income and assets and the remaining attachment-free amount of debtor. The attachment-free amount is the minimum income remaining at debtor’s disposal for basic living expenses, such as food, clothing and rent. "

(http://www.nlchamber.cz/clanky-attachment-of-assets-in-the-n... )

+ then

JurLex:

conservatoir leveringsbeslag =
prejudgment attachment to render transfer impossible

--------------------------------------------------
Note added at 24 mins (2017-11-22 14:07:38 GMT)
--------------------------------------------------

see also:

"...transfer restrictions as a result of an attachment on movable property..."

in:

"The central question raised is whether this encumbered property right is an
appropriate legal concept to protect a specific party against a transfer of ownership.
This question is analysed by comparing three legal concepts that may lead to an
encumbered property right: delivery constituto possessorio, nullification of a legal
act by an actio pauliana and transfer restrictions as a result of an attachment on
movable property. In relation to each of these concepts, the following three issues
are considered." (found somewhere online)
Selected response from:

Michael Beijer
United Kingdom
Local time: 18:13
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1pre-judgment attachment for the purpose of delivery
Michael Beijer
Summary of reference entries provided
Jurlex once again
writeaway

Discussion entries: 3





  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
pre-judgment attachment for the purpose of delivery


Explanation:
see e.g.:

"31 Are orders for delivery up or preservation of evidence or
property available?
In general, the Dutch Code of Civil Procedure provides for the possibility
of a pre-judgment attachment for the purpose of delivery or surrender of
assets and evidence. However, it is questionable whether under Dutch law
attachment to preserve evidence is allowed except for evidence in intellectual
property law cases. Dutch case law and literature are still not consistent
with regard to whether the Dutch Code of Civil Procedure provides
for a sufficient legal basis to grant leave for attachment of assets in order
to preserve evidence in non-intellectual property law-cases. Recently, the
Court of Amsterdam raised a prejudicial question to this end to the Dutch
Supreme Court, and it is expected the answer will bring more clarity. " (http://documents.jdsupra.com/05babd38-6149-4806-b4e4-c193307... )

--------------------------------------------------
Note added at 7 mins (2017-11-22 13:51:02 GMT)
--------------------------------------------------

JurLex:

beslag tot levering =
attachment for the purpose of delivery

--------------------------------------------------
Note added at 12 mins (2017-11-22 13:55:48 GMT)
--------------------------------------------------

see also:

"Types of attachment

Different types of pre-judgment attachments exist.

The general form of a pre-judgment attachment (verhaalbeslag) serves as security for a financial claim that the creditor has against the debtor. Another form of pre-judgment attachment (leveringbeslag) secures the right of the delivery of goods that the creditor has bought and paid for, which the debtor refuses to deliver. A subsequent judgement on the transfer of the asset (be it paying the purchase price or not) is secured through laying the attachment. A claim for the return of property (recovery) can also be secured with a PRE-JUDGMENT ATTACHMENT FOR DELIVERY (LEVERINGBESLAG). Pre-judgment attachments where the attachment secures a monetary claim (verhaalsbeslag), are the most common. It is possible to lay an attachment on debtor’s assets, such as vehicles, real estate, plot of land and even outstanding claims, including his bank accounts, since a bank balance is simply a claim from the account holder to the bank. This is called a third-party attachment. It is also possible to lay an attachment on salary. When petitioning for a pre-judgment attachment on debtor’s salary (loonbeslag), debtor has the right to be heard. This constitutes an exception to the rule. In its ruling the court will take into consideration the income and assets and the remaining attachment-free amount of debtor. The attachment-free amount is the minimum income remaining at debtor’s disposal for basic living expenses, such as food, clothing and rent. "

(http://www.nlchamber.cz/clanky-attachment-of-assets-in-the-n... )

+ then

JurLex:

conservatoir leveringsbeslag =
prejudgment attachment to render transfer impossible

--------------------------------------------------
Note added at 24 mins (2017-11-22 14:07:38 GMT)
--------------------------------------------------

see also:

"...transfer restrictions as a result of an attachment on movable property..."

in:

"The central question raised is whether this encumbered property right is an
appropriate legal concept to protect a specific party against a transfer of ownership.
This question is analysed by comparing three legal concepts that may lead to an
encumbered property right: delivery constituto possessorio, nullification of a legal
act by an actio pauliana and transfer restrictions as a result of an attachment on
movable property. In relation to each of these concepts, the following three issues
are considered." (found somewhere online)

Michael Beijer
United Kingdom
Local time: 18:13
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 129

Peer comments on this answer (and responses from the answerer)
agree  Kitty Brussaard: Without further context this is quite simply as good as it gets.
2 hrs
  -> Thanks!
Login to enter a peer comment (or grade)




Reference comments


8 mins peer agreement (net): +2
Reference: Jurlex once again

Reference information:
beslag tot levering
attachment for the purpose of delivery

writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 189

Peer comments on this reference comment (and responses from the reference poster)
agree  Kitty Brussaard
2 hrs
agree  Tina Vonhof
3 days 42 mins
Login to enter a peer comment (or grade)



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