Part Two: Attachments
Chapter Two: Prejudgment Attachment
Chapter Six: Attachment Of Real Property And Sale Thereof
Part Two: Attachments
Chapter Two: Prejudgment Attachment
Article (247)
Without prejudice to the provisions of any other law, the Creditor may apply to the Court hearing the action or to the Judge for expedited matters, as the case may be, for the imposition of a Prejudgment Attachment over the real property and movable property of their opponent in the following circumstances:
1. Any circumstance in which it is feared that they may lose the security for their right, such as the following circumstances:
a. If the Debtor has no permanent residence in the State;
b. If the Creditor, based on serious evidence, fears that their Obligor may abscond, or remove or conceal their assets;
c. If the securities for the debt are threatened with loss.
2. A lessor of real property may, in relation to a sub-tenant, attach the movable property, yield and produce present on the real property leased, by way of security for the priority right vested in them by law, and they may likewise do so if the movable property, yield and produce have been removed without their knowledge, unless thirty days have elapsed since the removal thereof or there remain on the real property leased sufficient assets to secure the priority right vested in them.
3. If the Creditor holds an official or ordinary document showing the debt due to them, not being subject to a condition or if they have a judgment that is not enforceable provided that the debt in question has a specific amount.
4. For the worker when it is not possible to settle their entitlements as determined by the law regulating the relationship between them, in order to guarantee the fulfillment of their entitlements after being temporarily assessed by the competent administrative authority.
5. In any event, the Court may, before granting the application for attachment, request any details or evidence or statements under oath, conduct a brief investigation, or order the necessary investigations to be made with the assistance of the competent administrative authorities if it so deems necessary.
Article (251)
1. If a lessor of real property effects an attachment over the movable property of sub-tenants in accordance with Clause (2) of Article [247] of this Code, the proceedings shall be directed towards both the head tenant and the sub-tenant.
2. Service of the attachment document on a sub-tenant shall be deemed also to be an attachment of the rent in their hands.
3. If the head tenant is not prohibited from subletting, a sub-tenant may apply for the lifting of the attachment over their movable property, with the attachment over the rent in their hands remaining.
Chapter Six: Attachment Of Real Property And Sale Thereof
Article (290)
If the real property offered for sale is capable of sub-division, and part of that real property, as assessed by the experts, is sufficient for payment of the debt, interest, fees and costs, the Execution Judge shall segregate that part by offering it for auction, and shall exclude the other parts, and if it appears as a result of the auction that the consideration offered for that part of the real property is not sufficient to effect payment, the Execution Judge shall offer for auction the remaining real property or any other additional part of it sufficient to make payment. If a claim of entitlement is brought over one of the lots of the real property offered for auction and the Court decides to defer the auction, that decision shall not necessitate the deferral of the auction over the other lots unless those parts are, as assessed by the experts, not divisible, in which event the auction shall be delayed in respect of the remaining parts.
If there are a number of parcels of real property required to be sold by auction, each parcel shall be offered for sale separately, unless the Execution Judge finds, after consultation with the experts, that it would be expedient to sell more than one parcel, or all of the parcels, by way of a single auction.
Translated in cooperation with