Title 4
in forceOf measures for the preservation of one's rights
Section 1
General provisions
For the levying of a conservatory attachment (conservatoir beslag), leave is required from the preliminary relief judge of the court within whose…
The relief judge may grant the leave on the condition that security is provided up to an amount to be determined by him for damages that may be…
Unless the law provides otherwise, a conservatory attachment (conservatoir beslag) shall be levied with the corresponding application of Article 441…
Seizure may not be levied on assets intended for public service or on assets held by De Nederlandsche Bank N.V. for the benefit of a system as…
As soon as the seizing party has obtained an enforceable title in the main proceedings and this title has become enforceable, the conservatory…
The relief judge who granted leave for the attachment may, adjudicating in summary proceedings (kort geding), lift the attachment upon the claim of…
The costs of the attachment may be recovered from the person whose property has been attached, whether or not in the main proceedings, unless the…
The provisions regarding a conservatory attachment on an asset shall apply mutatis mutandis to a conservatory attachment on a limited right to or a…
The provisions regarding a conservatory attachment on an asset of the debtor shall apply mutatis mutandis to a conservatory attachment on an asset…
At the request of the person seeking leave to levy a conservatory attachment on movable property that does not constitute registered property, or who…
If a dispute exists regarding one or more assets as to which of two or more parties they belong, they may, upon the claim of any of the parties in…
The filing of petitions pursuant to Articles 700, paragraph 3, second sentence, 709, paragraphs 2 and 3, 715, paragraph 2, third sentence, and 721…
Section 2
Of conservatory attachment in the hands of the debtor
Leave to levy a conservatory attachment for the recovery of a monetary claim on movable property that are not registered property and on rights to…
Articles 441, paragraph 1, 442-445, 447, 448, 451, 453a, 455a, 457 and 461d shall apply mutatis mutandis to the attachment referred to in the…
If an attachment is levied on a right to bearer or to order, the proceeds referred to in Article 474b shall be collected by the custodian of the…
Section 3
Of conservatory attachment of shares in registered form, and securities in registered form that are not shares
The provisions of Articles 474b, paragraph 2, 474ba and 711, paragraphs 1 and 2, shall apply mutatis mutandis to a conservatory attachment for the…
Prejudgment attachment (conservatoir beslag) on registered shares in a public limited company (naamloze vennootschap) or a private limited liability…
With regard to the benefits arising from seized registered shares, the seizure shall operate as a seizure under the company. The company shall make a…
The provisions of Articles 715 and 716 are, as far as possible, equally applicable to registered shares (aandelen op naam) other than those in a…
Section 4
Of conservatory attachment under third parties
A creditor may place a conservatory attachment under third parties on the assets referred to in Article 475.
Without prejudice to the provisions arising from Article 702, the writ of attachment must, on pain of nullity, state the amount for which the leave…
Articles 475, paragraph 3, 475a, 475b up to and including 475i, 476a and 476b, 479 and 479a shall apply mutatis mutandis. In the case of Article…
The seizing creditor is, on pain of nullity of the seizure, obliged, if the claim in the main proceedings is instituted after the seizure, to serve a…
The service upon the third party, prescribed in the first paragraph of Article 704, must be effected within one month after an enforceable title has…
The obligation of the third party referred to in Article 477 and the powers of the enforcing party referred to in Article 477a shall not take effect…
Section 5
Of conservatory attachment under the creditor himself
A creditor may levy an attachment in his own hands on the assets referred to in Article 479h. These assets must be described in the petition…
Section 6
Of conservatory attachment on immovable property
If the requirements set forth in Article 711, paragraphs 1 and 2, for the leave have been met, leave may also be granted to levy an attachment on one…
Articles 504a, paragraph 1, 505, 506, 507a, 507b and 513a shall apply mutatis mutandis.
If the claim in the main proceedings has not been instituted within the period determined in accordance with Article 700, paragraph 3, the person who…
Section 7
Of conservatory attachment for the delivery of items and the transfer of assets
Anyone who is entitled to the delivery of a movable property or the transfer of an asset, or who may acquire such a right by virtue of a judicial…
If the right to delivery concerns one or more things determined by type, the bailiff shall seize a quantity of things of that type corresponding to…
If the right concerns the delivery of standing crops or plantings of an immovable property, an attachment may be levied on that basis in accordance…
A person who is entitled to claim the division of a community may seize the assets belonging thereto, insofar as they are specifically eligible to be…
To an attachment as referred to in this section, the provisions concerning conservatory attachment for the recovery of monetary claims shall apply…
An attachment as referred to in the preceding articles, levied for the purpose of obtaining delivery of an asset, remains in force until either the…
In the event of a concurrence of an attachment as referred to in the present section with another attachment, whether or not of the same nature, the…
An attachment as referred to in this Section may also be levied by a creditor who, by virtue of a judicial decision for annulment pursuant to Article…
Section 8
Of conservatory attachment against debtors without a known place of residence in the Netherlands
If the debtor has no known place of residence in the Netherlands, an attachment may be levied in the Netherlands in accordance with the preceding…
The seizing creditor is by operation of law the custodian of the seized assets in the event that these are in his possession; if not, a judicial…
In the absence of another way to obtain an enforceable title in the Netherlands, the claim in the main proceedings, including the claim regarding the…
Section 9
Of measures for the preservation of the right to assets of the community
If spouses or former spouses, or registered partners or former registered partners, are or were married or registered as partners, respectively, in a…
The provisions concerning conservatory attachment for the recovery of a money claim shall apply mutatis mutandis to the attachment, provided that no…
If the attachment is levied against a third party, the latter is obliged to make a declaration of the claims and assets affected by the attachment…
In the event of a seizure of immovable property, Article 505, paragraph 3, shall not apply.
Upon granting the petition for the termination of the community of property or for divorce, for legal separation (scheiding van tafel en bed) or for…
Any surplus from an execution shall be deposited without delay by the bailiff, notary, or pledgee with a custodian as referred to in Article 445 for…
Section A
Of conservatory attachment on ships
The preliminary relief judge of the court in the district within which the vessel is expected and the preliminary relief judge of the District Court…
Article 708, paragraph 2, shall not apply. Articles 566, 567 and 513a shall apply mutatis mutandis.
If an arrest has been levied on a vessel registered in the public registers referred to in Section 2 of Title 1 of Book 3 of the Civil Code and the…
Section B
Of conservatory attachment of aircraft
This Section applies exclusively to aircraft entered in the public registers and to aircraft of the nationality of a foreign state in respect of…
The following are not subject to attachment:
Without prejudice to the provisions of Article 729a, no attachment may be levied on an aircraft if sufficient security has been provided to prevent…
When an arrest has been placed on an aircraft in violation of the other articles of this section or without good cause, the party placing the arrest…
The provisional relief judge (voorzieningenrechter) of the court within whose jurisdiction the aircraft is expected shall also have jurisdiction to…
If an enforceable title has been obtained in respect of the principal claim and this title has become enforceable, the person who has levied the…
Section afdeling A
Of conservatory attachment on the rights arising from a sum insurance
A creditor may levy a conservatory attachment on the rights arising for the policyholder from a life or disability insurance (sommenverzekering)…