Denmark - Attachment of Assets
Carsten Brink, Lund Elmer Sandager
Originally from Attachment of Assets
The rules governing attachment are contained in the Danish Administration of Justice Act, which provides numerous formal rules concerning the hearing of different types of case by the Danish courts.
Part 56 of the Administration of Justice Act provides rules that detail the conditions for the levying of attachment.
It should be noted that under the Administration of Justice Act, attachment is considered an interlocutory remedy which can only be applied in special cases, as described in the following.
The main rule according to the Danish Administration of Justice Act is that collection of pecuniary claims must be made by virtue of a basis for enforcement proceedings, during which proceedings execution is levied against the debtor’s assets. Such basis for enforcement proceedings may, for example, consist of an instrument of debt or a judgment pronounced by a Danish court or other competent court.
Under Danish law, a debtor may deal with a given asset right until either execution is levied against it through the Bailiff’s Court or the debtor is declared bankrupt. Levying attachment against the asset means that the debtor is deprived of the use of the given asset before a basis for enforcement proceedings has been obtained.
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
Under Danish law several kinds of acts of perfection exist which must be undertaken to ensure that execution or other measures taken by the court, including attachment, are valid against third parties.