Seizable Goods
LexInter | April 6, 2017 | 0 Comments

Seizable Goods

Section 1

Art. 13. –

Seizures can relate to all assets belonging to the debtor even though they are held by third parties.

They may also relate to conditional, term or successive performance debts. The specific terms of these obligations are binding on the seizing creditor.

SEIZURE ATTRIBUTION AND JUDICIAL ADJUSTMENT

 

Art. 14. –

Cannot be entered:

1 ° The goods that the law declares exempt from seizure:

2 ° Provisions, sums and pensions of a maintenance nature, except for the payment of maintenance already provided by the seizor to the garnishee;

3 ° The available assets declared exempt from seizure by the testator or the donor, except, with the permission of the judge and for the portion he determines, by the creditors subsequent to the deed of gift or the opening of the bequest;

4 ° Movable property necessary for the life and work of the garnishee and his family, except for payment of their price, within the limits set by decree of the Council of State and subject to the provisions of the seventh paragraph of this article; However, they remain subject to seizure if they are in a place other than the one where the garnishee usually lives or works, if they are valuable goods, in particular because of their importance, their material, their rarity, their seniority. or of their luxurious character, if they lose their character of necessity because of their quantity or if they constitute physical elements of a goodwill;

5 ° Items essential to disabled people or intended for the care of sick people.

The goods referred to in 4 ° may not be seized, even for payment of their price, when they are the property of beneficiaries of social assistance for children provided for in articles 150 to 155 of the Family and Family Code. welfare.

The buildings by destination cannot be seized independently of the building, except for payment of their price.

Art. 15. –

Unseizable debts, the amount of which is paid into an account, remain exempt from seizure under the conditions provided for by decree of the Council of State.

 

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