Seizure Guarantee (Beslag Conversatoir)

Seizure Guarantee (Beslag Conversatoir)

The words conservatoir beslag are derived from the words conserveren which means to save. The meaning of the conversatoir beslag is to save the rights of a person to keep the plaintiff from being harmed by the actions of the defendant.

The main conditions for seizure guarantee are:

1. There must be reasonable reason, that the defendant before the decision was dropped or carried out will embezzle or eliminate the goods.

2. The confiscated item is owned by the confiscated, meaning that it is not the claimant's property.

3. An application is submitted to the Chairperson of the Court who examines the case.

4. Can be done or placed well on movable or immovable goods.

Provisions on seizure guarantees are contained in article 227 Herzien Inlandsch Reglement ("HIR")

In paragraph (1) of article 227, it states that: If there is a reasonable presumption, that a person is in debt, while the decision has not yet been made, or while the verdict that overcomes it has not yet been carried out, seeking reason will embezzle or bring the good or not those who remain with the intention of keeping the item away from the debt collector, then on the request letter of the person concerned the head of the district court can give an order, to confiscate the item to safeguard the right of the person who entered the request, and the requestor must be notified that he will face the district court hearing the first after that to advance and strengthen its lawsuit.

This seizure is an act of preparing the plaintiff in the form of an application to the Court to guarantee that a civil award can be implemented. Items seized for the benefit of the plaintiff are frozen, kept for collateral and may not be diverted or sold, because it is feared there is a possibility that the opposing party or defendant during the trial is transferring his assets to another person so that if the plaintiff's claim is granted by the court, the court's decision cannot be implemented because the defendant does not have more assets.

Suria Nataadmadja & Associates Law Firm

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