Brief practical remarks on garnishment (and not only) from the perspective of securities and intangible assets Cover Image
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Scurte considerații practice despre poprire (și nu numai) din perspectiva titlurilor de valoare și a bunurilor mobile incorporale
Brief practical remarks on garnishment (and not only) from the perspective of securities and intangible assets

Author(s): Paul Pop, Rares Petrescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: garnishment; seizure; securities; intangible assets; crypto assets;

Summary/Abstract: One of the most frequently used procedural executional means – the garnishment, continues to generate quite a lot of "thrills" in practical terms, especially when it comes to the question of how it can be used when the creditor aims to enforce securities and other intangible assets. What is certain is that, at least from a procedural perspective, we have tried to take a pragmatic approach in line with the topic and the day to day realities of enforcement against shares, stocks, crypto assets and other intangible assets. In any case, our efforts have materialized in the sense of explaining this legal ménage à trois: creditor – debtor – third party garnishee, in the case of garnishment of other assets than money, without missing two components from the explanations: the legal basis and the creative but pragmatic interpretation.

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 131-154
  • Page Count: 24
  • Language: Romanian
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