ACTION FOR DAMAGES DUE TO UNJUST PRELIMINARY LIEN

Interdisciplinary

Abstract

Precautionary seizure, defined as the temporary legal seizure of the debtor's property, sufficient to cover the debt, by a court order in order to ensure the timely payment of a creditor's receivable, is an institution established to protect the creditor's legal interests, a temporary legal protection provided to the creditor, as can be understood from its definition. Considering the importance of the issue, it has been deemed appropriate to examine the provision in question. A lawsuit for compensation due to unfair provisional seizure is a performance lawsuit related to substantive law. Because in this case, the plaintiff wants the defendant to be sentenced to pay something (compensation). The effect of whether or not an objection to the provisional seizure is also debatable on the compensation lawsuit. According to one view, a debtor who has not filed an objection to the provisional seizure cannot file a lawsuit for compensation due to unfair provisional seizure.

There are those who argue that the essence of the matter has not been examined sufficiently in the literature, and that the objection case to provisional seizure, in which the examination is limited to the reasons for provisional seizure only, should not be effective in whether a compensation case can be filed according to general provisions. In order to make an evaluation on the subject, an extensive literature review was conducted and the data obtained as a method was examined and the evaluations discussed in the conclusion section were made.