On The Civilian Implementation Of The Seizure

In the enforcement of civil judgments relating to money claims, there is one thing in common: in order to make the successful party obtain satisfaction of his rights, protective measures which can prevent the debtor from disposing the enforcement objects shall be employed against the debtor. The measure of sequestration in this essay refers to such kind of enforcement measure which can play a controlling role. As the enforcement measure in the first stage of enforcement procedure, sequestration is the premise and insurance for the evaluation in terms of money and assignment to proceed smoothly. What's more, as the convergence point of different parties' interests, sequestration can involve judicial order, trading order, and creditor and related oblige, so this is an inevitable problem in legislation and justice.In order to protect the debtors' rights to maintain, to education, to freedom of religion, etc against the infringement by sequestration, countries prescribe the assets that are immune from sequestration. The scope of sequestration in China had enlarged by "the Regulation on Sequestration" besides "the Regulation on Enforcement", thus the protections of the debtors' rights are more. For example, the items necessary for the disabled ones and the awards are nonattachable. On the other hand, relevant law which prevent the debtors from declaring the luxury properties to be the daily necessity in bad faith is demanded. On the problem whether the accessory things, fruits, and subrogation properties are applicable to sequestration, there are various opinions from scholars in this field. Besides, this essay will study the three following subjects: whether the new accessory things are attachable when the object of sequestration are the estates under mortgage; whether the fruits are attachable when the third party owns the right to maintain them; and the scope of the attachable subrogation subjects.In order to entitle sequestration of the validity even when in conflicts with the decisions of other enforcement agencies. The theoretical concept of the publication of sequestration is the way to...