Legal alert

Position debtor under pre-judgment attachment strengthened

March 7, 2012
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Legal alert

A recent judgment of the Amsterdam Court of Appeal marks the latest trend in Dutch law to strengthen the position of the debtor in the context of pre-judgment attachments.

A recent judgment of the Amsterdam Court of Appeal marks the latest trend in Dutch law to strengthen the position of the debtor in the context of pre-judgment attachments. The Court of Appeal gave effect to the full disclosure principle that stipulates that the creditor, in its request for leave to make pre-judgment attachments, should properly inform the court of the merits of its claim and the dispute with the debtor. The Court of Appeal also gave full effect to the ‘well-founded fear of embezzlement’ requirement that applies amongst others to the attachment of shares, which demonstrates that this requirement is much more than just a formality.

 

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