法律英语词汇“arrestment”的翻译、意思、用法、释义-法律词典

单词

arrestment

释义

arrestment

arrestment in the Scots law of DILIGENCE or legal enforcement, the attachment of a debtor's moveable property – like GOODS – that is in the hands of a third party. The situation is thus: A sues B, C owes money to B, A can arrest the debt owed by C to B until his own action against B is concluded (called arrestment on the dependence) or, if the arrestment is after the action between A and B, until A actually gets an order to have C make the money over, which is done by FURTH- COMING. Arrestment prohibits the party in whose hands it is laid from parting with the property but does not affect the property. It

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does not operate IN REM. It can be used to keep the property available in case the debtor does not pay. There is a special diligence for attach- ing ships, called arrestment of a ship, that generally can only be done if the claim is a maritime claim. If it is feared the ship will leave, a warrant can be granted to dismantle the ship. Arrestment can be extinguished by the court by recall. Loosing frees the subject of arrestment but preserves another security for the creditor. Arrest- ment can take place before an action is served on the defender (called arrestment on the dependence).

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