2024

DOI: https://www.doi.org/10.31178/AUBD/2024.09

Abstract: Oneof the most commonly used procedural and enforcement measures—attachment—continues to generate considerable “controversy” in practice, especially when it comes to determining how it can be used when a creditor seeks to enforce securities and other intangible movable property.

What is certain is that, at least from a procedural standpoint, we have adopted a pragmatic approach—in line with the subject matter and everyday realities—to enforcement proceedings involving corporate interests, shares, cryptoassets, and other intangible movable property.

In any case, our efforts have borne fruit in clarifying this legal ménage à trois—creditor, debtor, and third-party garnishee—in cases involving the garnishment of assets other than cash, while ensuring that two key elements are not overlooked in our explanations: the legal basis and a creative yet pragmatic interpretation.

Keywords:garnishment, attachment, securities, intangible movable property, cryptoassets