Precautionary measures consist of freezing certain assets by means of judicial seizure, precautionary seizure or precautionary garnishment of the debtor’s income. Under these circumstances, precautionary measures remain in force throughout the enforcement proceedings and, once the claim has been determined and becomes due, the precautionary measures are converted into enforcement measures in the event of non-payment.
Enforcement of precautionary measures ordered by the court
Judicial seizure – Article 971 of the Code of Civil Procedure – is the precautionary measure by which movable or immovable property that is the subject of proceedings concerning ownership or another real right, possession, use or administration of jointly owned property is frozen where this is necessary to preserve that property.
Provisional seizure – Article 951 of the Code of Civil Procedure – consists of freezing part of the movable property belonging to the defendant-debtor, which is then to be sold through enforcement in order to satisfy the claimant’s claim if the debtor fails to perform the obligation voluntarily once the claimant obtains a final judgment.
Precautionary garnishment – Article 969 of the Code of Civil Procedure – is a form of preventive security in civil proceedings, the effect of which is to freeze sums of money, securities and other enforceable intangible movable property owed to the debtor by a third party or which that third party will owe the debtor in the future under existing legal relationships.
Precautionary measures are ordered in the form of precautionary garnishment and provisional or judicial seizure of the debtor’s movable and/or immovable property and income where there is a risk that the debtor may evade enforcement, conceal or dissipate assets, thereby jeopardizing or substantially hindering recovery.
If the value of the debtor’s own assets does not fully cover the claim, precautionary measures may also be imposed on assets held by the debtor in co-ownership with third parties, to the extent of the debtor’s share.