Insolvency and enforcement · Legal glossary
Precautionary attachmentIn Arabic: الحجز التحفظي
Definition
A precautionary attachment is an interim measure that places the debtor’s assets under the court’s control so the debtor cannot dispose of them until the right itself is decided. It protects the creditor.
It is not an executory attachment, which follows an instrument that is already enforceable.
How it varies across the GCC
In the UAE a judge of summary matters may order the attachment and make a provisional assessment of the debt, on a reasoned petition, under Federal Decree-Law No. 42 of 2022. The text of that rule was verified. The article number was not, so it is not cited. The term, in these words, was not found in the extracted text of the Saudi Law of Procedure before Sharia Courts for this page.
The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.
Sources
Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.
- UAE Federal Decree-Law No. 42 of 2022 (article numbers not cited)https://uaelegislation.gov.ae/ar/legislations/1602