Chapter V: Enforcement of a Provisional Seizure and Provisional Injunction
The enforcement of a provisional seizure or a provisional injunction shall be carried out simultaneously with or prior to the service of the ruling of the provisional seizure or provisional injunction.
For the enforcement prior to the service in the preceding paragraph, where the service cannot be made after the enforcement and the creditor does not petition for the service by publication, the enforcement shall be revoked. The same applies when the petition for the service by publication is overruled irrevocably.
The creditors may not apply for the enforcement thirty days after the creditor receives the ruling of provisional seizure or provisional injunction.
Where the ruling of the provisional seizure, provisional injunction or an injunction maintaining a temporary status quo is vacated or reversed irrevocably, the enforcement court may, upon the petition, revoke the implemented enforcement disposition within the vacated or reversed extent.
Where the creditor constrains the freedom of the debtor pursuant to Article 151 of the Civil Code and petitions for the court to handle it, and the court orders the provisional seizure or provisional injunction, the enforcement court may place the debtor into custody or carry out other dispositions to constrain his/her freedom pursuant to the provisions pertaining to custody in this Act.
The money obtained from the enforcement of a provisional seizure and the amount of money to be distributed to the creditor of a provisional seizure in accordance with the distribution procedure shall be lodged.
Where the value of the seized movable property is likely to depreciate or the costs of custody is excessive, the enforcement court may, upon the creditor's or the debtor's petition or on its own authority, determine a date for the auction and lodge the proceeds derived therefrom.
With regards to the enforcement of the provisional seizure against a claim or other property rights, the enforcement court shall issue orders to prohibit the disposition and repayment respectively and apply mutatis mutandis the provisions pertaining to the enforcement against other property right.
Unless provided otherwise in this Chapter, the provisions pertaining to the enforcement against movable property, immovable property, and vessels and aircrafts apply mutatis mutandis to the enforcement of the provisional seizure.
Where the ruling of provisional injunction shall appoint an administrator to administer the things at issue, the court shall render the administrator taking possession of such things at the time of the enforcement.
Where the ruling of provisional injunction orders the debtor to perform, or prohibits the debtor from performing, a specific act, the enforcement court shall service this ruling to the debtor.
Where the ruling of provisional inunction prohibits the debtor from creating, transferring, or altering the rights attached to immovable property, the enforcement court shall make a public notice of this ruling.
Unless prescribed in the preceding three articles, the provisions pertaining to the provisional seizure, monetary claims, and claims of action and no-action apply mutatis mutandis to the enforcement of the provisional injunction.