Title Second: Protective Seizure

Article 866

1. **Amended Article 866**: The creditor has the right to request from the President of the Execution Department to license the imposition of a precautionary attachment on the debtor's assets to secure his debt, provided that this attachment may not be used to secure a debt that is not due for payment or is conditional upon a condition that has not been fulfilled, except in the cases specified in Article 111 of the Law of Obligations and Contracts. If the debt is not established by a document, the President of the Execution Department may decide to impose the precautionary attachment when he has evidence that suggests the existence of this debt.

Article 867

Article 867 (as amended) - A seizure request shall be filed by summons accompanied by debt documents and other necessary documents. If the debt amount is not determined, the President of the Execution Division shall assess it provisionally...

Article 868

1. Amended Article 868: The President of the Enforcement Department shall issue a decision to seize or reject the seizure, or to restrict it with a guarantee, or to provisionally assess the debt without prior notice to the debtor. The decision that rejects the seizure request is subject to appeal within the deadline and in accordance with the principles governing orders on petitions. 2. The decision that orders the seizure and the provisional assessment of the debt is subject to appeal before the judge who issued it within a period of five days from the date of notification, and this appeal is heard in accordance with the principles applied in urgent cases.

Article 869

Article 869 - The execution officer shall undertake the necessary actions and procedures for levying seizure on the property whose seizure is ordered and shall notify the seizure order to the Land Registry Office through...

Article 870

1. Amended Article 870: The attachment shall lapse if the attaching party does not submit a request for the execution of his executive instrument or file a claim before the competent court to rule in his favor for the debt that is the cause of the attachment, within a period of five days from the date of the attachment decision, unless he has previously submitted such a request or claim. The attaching party must prove that he has done so within a period of five days from the date of being notified in writing by the Execution Department, otherwise the President of the Execution Department shall automatically declare the lapse of the attachment. 2. However, it is permissible to submit a request for the execution of a non-matured debt instrument in order to prevent the lapse of the attachment, provided that the execution proceedings are not initiated before the debt becomes due. 3. A copy of the request for the execution of the instrument or the claim referred to in the first paragraph shall be notified to all departments that were notified of the attachment decision. The notification shall be made at the request of the attaching party by the Execution Department or the court clerk, depending on the type of funds. 4. The Execution Department shall notify all departments that were notified of the attachment decision of the decision to lapse the attachment, in order to cancel its notation.

Article 871

Article 871 - Provisional seizure shall convert to execution seizure upon issuance of an enforceable judgment establishing the creditor's right, and if the seizure is based on an instrument or document directly enforceable, such conversion shall not occur...

Article 872

Article 872 - Executive attachment proceedings shall follow their normal course based on the request of the attaching party without the need for a new attachment, and the President of the Execution Department shall announce the conversion of the precautionary attachment into an executive attachment and the Execution Officer shall notify the Real Estate Registry Department of this conversion if the attached property is real estate or to the relevant department if it is a movable asset subject to registration with such department.

Article 873

Article 873 - The seized party may request from the President of the Execution Division, in the presence of the creditor, removal of the seizure if he provides joint security guaranteeing the creditor's claim in an amount equal to the debt value causing the seizure and its...

Article 874

Article 874 - The attachment may be lifted based on a request from the attaching party without the need for notification and summons of the attached party.

Article 875

1. Amended Article 875: The precautionary attachment on a movable asset prohibits the attached party from disposing of the funds by transferring ownership or establishing any rights thereto. If the attached asset is real estate or a movable asset, its records shall be preserved and any ongoing transactions related thereto shall be documented in the official departments. 2. The attached party may dispose of the asset or establish any rights thereto and divide it, provided that the new owner or the acquirer of the right assumes the consequences of this attachment and the consequences of the underlying lawsuit related to the debt that is the cause of the attachment. 3. In all cases, the exploitation of the attached asset and the enjoyment of its fruits shall remain with the attached party, unless the President of the Enforcement Department appoints a judicial guardian for this asset.

Article 876

Article 876 - If the precautionarily seized funds are in the possession of a third party, the officer effecting the seizure shall deliver to this person a copy of the seizure decision and a copy of the minutes related to the seizure of the funds in their possession.

Article 877

Article 877 - Any person holding a right of privilege or pursuit against movable property may request from the President of the Execution Division in whose jurisdiction the property is located authorization to levy precautionary seizure on such property...

Article 878

Article 878 - In the cases where the actual owner is entitled by law to claim ownership of a movable property from the person detaining it, the said owner may request permission to effect a lien on the ownership.

Article 879

Article 879 - The rules governing precautionary attachment shall apply to attachment of debts, provided that it may not be lifted in exchange for a guarantee.

Article 880

Article 880 - The judgment issued to affirm the right shall include a ruling by the court to return the seized property to its true owner or to the place where it should be.