Conservatory seizure or attachment
The conservatory seizure allows the dissatisfied creditor to make the debtor’s assets unavailable for a certain period (max. 3 years) to preserve his rights. This thus prevents the debtor from making his assets disappear before the intervention of a voluntary payment on his part or an enforceable title.
The seizure can be carried out on goods property (movable seizure), on real property (real estate seizure) or on debts (this is referred to as saisie-arrêt).
The seizure will be authorized by the judge of seizure ruling in the form of the judge of provisional measures (before deciding on the merits of the case, the judge authorizes provisional measures) in condition that certain legal conditions are fulfilled: celerity (if the seizure was unauthorized, creditor might fear prejudices) and it is necessary to be in the presence of a certain, due and liquid debt.
The seizure may be executed without authorization either by a judgment already obtained (1414 of the Judicial Code) or by virtue of an authentic title containing the debtor’s obligation to pay a specific claim or, in all the other cases, after an authorization by the seizure judge (Articles 1417 and 1418 of the Judicial Code).
Definitions provided under this section refer to the Belgian situation; unless specified otherwise. The texts are meant to summarize concepts in daily language and should not be considered as comprehensive or definite. We welcome suggestions for modifications or additions at firstname.lastname@example.org.