Distraint Law

Distraint law is a set of legal rules that govern the procedure for the distraint of claims based on distraint and authentic documents (distraint procedure), as well as the procedure for securing the claim (insurance procedure).

The distraint procedure is a procedure by which the courts carry out forced realization of claims based on distraint and authentic documents, and is regulated by the Distraint Law Act. The distraint law also regulates the procedure for securing claims.

Distraint proceedings are non-litigation civil proceedings by which a court or notary public, based on a distraint or authentic document, carries out individual and forced realization of a claim in favor of the authorized person, (rights to give, do, not do, suffer) on the debtor’s individually determined property or exceptionally against the person of the debtor.

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