Article by Konstantinos D. Kerameus
Since the levy has been the first visible act of enforcement in most legal systems, this Article examines their respective treatment in order to locate and compare similarities and dissimilarities. Four legal families are targeted in this regard: Romanic legal systems, Central European systems, Common-law systems, and the systems of the Far-East countries. Similarities among them include (1) the protection of bona fide purchasers of the chattels levied upon; (2) the availability of the debtor to manage the property seized; (3) the judicial protection of third parties through various kinds of interpleader proceedings; and (4) the preferential position of the charging creditor, at least as far as real property is concerned.
By contrast, three areas of divergence have emerged.
First, the legislative treatment of enforcement on real as opposed to personal property. Second, the necessity, in addition to the production of an enforceable instrument, of a prior authorization of enforcement, which is then usually combined with the indication of the measures expected to be taken. Third, the possibility of additional levies on an asset already levied upon for the benefit of another creditor. Some mid-way measures, such as alleviated forms of additional levy or accentuated patterns of claim announcement by other creditors, are shown, as are their relevance on distribution of the insufficient proceeds.
About the Author
Konstantinos D. Kerameus. Dr.iur. (Berlin), Dr.iur.h.c. (Hamburg); Professor of Civil Procedure, Athens University School of Law; Director, Hellenic Institute of International and Foreign Law; President, International Academy of Comparative Law. This Article was written in the course of preparing the chapter on “Enforcement Proceedings” for the International Encyclopedia of Comparative Law, vol. XVI.
Citation
73 Tul. L. Rev. 1347 (1999)