EÏD (Hady) – The Precautionary Seizure Order, Contribution to the Study of the Judicial Act, Preface by Ibrahim Najjar
EÏD (Hady) – The Precautionary Seizure Order, Contribution to the Study of the Judicial Act, Preface by Ibrahim Najjar
    EID (Hady)
    The Precautionary Seizure Order: A Contribution to the Study of Judicial Acts, Preface by Ibrahim Najjar
Date :
    1981
    in-8, br., (cover slightly faded), interior fresh, [4 ff.]-304 p.
    In his preface, Ibrahim Najjar explains the significance of the thesis: “Precautionary attachment, an act of undeniable gravity, introduces into the order and hierarchy of competing rights an element of both surprise and control. Precautionary attachment dramatically brings to life the generous, yet multifaceted, concept of the general lien of creditors over their debtor's assets. However, attachment is not a simple act of judicial administration or an insignificant formality. Long before it reaches the enforcement phase, attachment creates a de facto unavailability, or at least a reduction, of the debtor-owner's powers over the 'exposed' assets. This activation of the general lien of creditors modifies, more than temporarily, the hierarchy of rights at play; more and more effectively than the urgent or temporary measures of the summary proceedings judge.” The term "seizure-precautionary" takes on the air of a formidable euphemism… especially since the order in Lebanon is the work of a "head of the Executive Bureau," who is not, in principle, called upon to act as president of the High Court, as in France.

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Mots-clés : Foreign Law, Civil Enforcement Procedures

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