Chapter Three EXECUTION OF PRESERVATIVE RELIEF
562. (Necessary Conditions to Execution of Preservative Relief)
1. Preservative execution is implemented on the basis of an authenticated copy of a
preservative ruling; provided that preservative execution against or for persons other
than the party indicated in the ruling of preservative execution shall be implemented
on the basis of an authenticated copy of the ruling bearing an execution clause.
2. Preservative execution shall not be carried our after 2 weeks have passed since the
day the preservative ruling has been served on the creditor.
3. Preservative execution may be carried out before the preservation ruling is served on
the debtor.
563. (Exceptions for Courts with jurisdiction over third party objections)
A third party objection suit against preservative execution effected by an appellate court
as court of execution of preservative relief shall be subject to the jurisdiction of the
court of first instance having jurisdiction over the territory in which the property in
dispute, or the object to be provisionally attached, is located, notwithstanding Paragraph
2 of Article 365 (Suit of objection by third party).
564. (Mutatis mutandis application of provisions of Book VI)
Except where expressly provided in this Chapter, the following provisions shall apply
mutatis mutandis to execution of preservative relief:
Article 338 (Ensuring performance of duties by bailiffs, etc.) through Article 345
(Chomtoah appeal against cancellation ruling, etc.), Article 348 (Appointed
representative for execution procedures), Paragraphs 2 and 3, Article 349 (Form of
motions for execution), Paragraphs 1, Article 351 (Scope of persons who can be parties
to execution), Paragraph 2, Article 354 (Requirement for execution clause and which
organs grant such clause), Paragraph 1 and 3, Article 355 (Application for grant of
execution clause), Paragraphs 2 through 4, Article 356 (Special execution clause),
Article 357 (Particulars to be stated in an execution clause) through Article 359
(Recording on original title of execution), Article 362 (Objection to grant of execution
clause, etc.), Article 364 (Suit objecting to grant of execution clause) and Article 365
(Suit of objection by third party) Article 367 (Adjudication of stay of execution upon
suit of objection to claim, etc.) through Article 370 (Stay and cancellation of execution).
565. (Execution of provisional attachment against movables)
1. Execution of provisional attachment against movables shall be carried out by means
of the bailiff, of the court of the first instance having jurisdiction over the location of
the movables, taking possession of the subject matter.
2. The bailiff shall deposit money provisionally attached with the court to which he
belongs.
3. When there is an apprehension of severe reduction in price of the attached movables,
or of incommensurate cost being required for storage of the movables, the bailiff
shall sell them in accordance with the procedures for sale of movables as stipulated
in the provisions of BOOK Ⅵ, Chapter Ⅲ, Section Ⅱ of this Code, upon motion of
the provisional attachment creditor or the debtor, and deposit the sales proceeds into
the court to which he belongs.
4. The provisions of Article 384 (Commencement of execution against movables)
Paragraph 2, and of Article 385 (Attachment of movables in the possession of the
debtor) through Article 392 (Prohibition of attachment with no prospect of
producing a surplus) shall apply mutatis mutandis to provisional attachment of
movables.
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