568. (Execution of provisional attachment against vessels)
1. Execution of provisional attachment against vessels shall be carried out by means of
registration of attachment or by the bailiff being ordered to confiscate the certificate
of registry, etc. of the vessel and submit same to the court of execution of
preservative relief. These two methods may be used at the same time.
2. When provisional attachment is carried out by means of registration of attachment,
the court that issued the attachment ruling shall have jurisdiction as the court of
execution of preservative relief. When provisional attachment is carried out by
means of ordering confiscation of the vessel's certificate of registry, etc, the court of
first instance having jurisdiction over the territory where the vessel is located shall
have jurisdiction as the court of execution of preservative relief.
3. The court clerk shall be responsible for arranging the registration of attachment.
4. Article 455 (Motion and method of execution against vessels), Paragraphs 2 and 3,
Article 465 (Cancellation of auction procedures by reason of destruction or loss of
vessel, etc.) and Article 466 (Request for striking off of registration of attachment)
shall apply mutatis mutandis to execution of provisional attachment carried out by
means of registration of attachment, and Article 455 (Motion and method of
execution against vessels), Paragraph 3, Article 457 (Ruling of commencement of
auction, etc.), Paragraph 7, Article 460 (Appointment of custodian, etc.) and Article
462 (Permission to sail) shall apply mutatis mutandis to execution of provisional
attachment carried out by means of ordering confiscation of the vessel's certificate
of registry, etc.
569. (Cancellation of execution of provisional attachment by reason of deposit of
provisional attachment release money)
1. When the debtor has deposited with the court the amount prescribed in Article 547
(Amount for release of provisional attachment), the court of execution of
preservative relief or the court of first instance to which the bailiff belongs shall
cancel the execution of the provisional attachment.
2. Rulings made in accordance with the provisions under Paragraph 1 shall come into
effect immediately, notwithstanding Paragraph 2 of Article 345 (Chomtoah appeal
against cancellation ruling, etc.) as applied mutatis mutandis by Article 564 (Mutatis
mutandis application of provisions of Book VI).
570. (Execution of provisional disposition)
Execution of provisional disposition shall follow the model of provisional attachment or
execution.
571. (Effect of provisional disposition prohibiting transfer of possession)
1. Where in order to preserve a right to demand delivery of an object, a ruling of
provisional disposition has been issued to the effect that transfer of possession of the
object is prohibited and said possession must be relinquished and the object
delivered up into the custody of the bailiff, the bailiff shall give public notice of the
fact that the debtor is prohibited from transferring possession, and that the bailiff has
custody over the object, by posting said notice on a public notice board from which
it cannot easily be removed, or by other appropriate means.
2. Where execution of the provisional disposition described in Paragraph 1 has been
effected, the creditor can effect execution by delivery of the object based on the title
of execution of the principal action, but only against a person who took possession
of the object with knowledge that the provisional disposition had been executed.
3. A person who takes possession of the object in question after the provisional
disposition described in Paragraph 1 has been executed shall be presumed to have
done so with knowledge of said execution.
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