Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI:

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In most countries of the world, a creditor can impound the property of his debtor — at the outset — long before he has got judgment against the debtor: and then have the property retained as security for payment of the debt in case he afterwards gets judgment. This process is called in French saisie conservatoire and it means ‘a seizure of assets so as to conserve them for the creditor in case he should afterwards get judgment’. In England, in the past a creditor could seize nothing until he got judgment against the debtor. This was very serious for the creditor. Some time always elapsed between the issue of a writ and the obtaining of a judgment. All sorts of delaying tactics could be put up by a debtor. Meanwhile he could get rid of his assets in all kinds of ways.

Keywords: creditor; debtor; saisie conservatoire; judgment; assets

Chapter.  430 words. 

Subjects: Constitutional and Administrative Law

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