2024
Paul POP, Associate Professor, Rareș PETRESCU, master's degree student, Faculty of Law, University of Bucharest, Brief practical remarks on garnishment (and not only) from the perspective of securities and intangible assets
DOI: https://www.doi.org/10.31178/AUBD/2024.09
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.
Keywords: garnishment; seizure; securities; intangible assets; crypto-assets.
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