Supervisors info:
Ιωάννης Δεληκωστόπουλος, Επίκουρος Καθηγητής Νομικής Σχολής Πανεπιστημίου Αθηνών
Γεώργιος Ορφανίδης, Καθηγητής Νομικής Σχολής Πανεπιστημίου Αθηνών
Δημήτριος Τσικρικάς, Καθηγητής Νομικής Σχολής Πανεπιστημίου Αθηνών
Summary:
In Greece, pursuant to former Civil Procedure of Maurer, as well as under the current GCPC, the possibility of attachment in the hands of a third party is expressly provided and regulated. However, the insolvency of the debtor and of the third party, and the subsequent ineffectiveness of said attachment, led to the legal construction of the fourth party attachment. That is the case when the creditor imposes the third party seizure that his debtor could, due to the common event of the third party (of the usual third party seizure), having no assets, but only claims against another (fourth) person. Due to the fact that this case is not explicitly provided and regulated by law, the application in practice thereof is reasonably likely to raise issues. The present thesis addresses said issues and analyzes the possibility of imposing forced (as a means of enforcement) or provisional (as an interim measure) seizure in the hands of a fourth person, as an effective mechanism to satisfy or secure precarious claims.
Keywords:
attachment, seizure, hands, third, fourth
