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Amendment of the Code of Civil Procedure, etc. (attachment to and execution of ships and aircraft)

Original Language Title: Wijzigingswet Wetboek van Burgerlijke Rechtsvordering, enz. (beslag op en executie van schepen en luchtvaartuigen)

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Law of 28 October 1991, adapting the Code of Civil Procedure and the Law on Accounting Aircraft (Stb. 1957, 72), with regard to the attachment and execution of ships and aircraft, to the rules relating to execution and seizure, to that code annexed to the Law of 7 May 1986 (Stb. 295)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration that it is desirable to Law of Civil Procedure and the Law Appointed Air Craft ( Stb. 1957, (72), with regard to seizing and execution of ships and aircraft, to comply with the rules relating to execution and seizure, annexed to the Law of 7 May 1986 ( Stb. 295);

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. Amendment of the Law of Civil Procedure

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Article I

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Article II

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Article III

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Article IV

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Article V

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Article VI

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Chapter II. Amendment of the Act Aircraft (stb). 1957. 72)

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Article I

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Chapter III. Change in any other laws

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Article I

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Article II

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Article III

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Article IV

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Article V

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Article VI

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Article VII

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Article VIII

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Chapter IV. Transitional and final provisions

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Article I

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  • 1 The seizure of the law before the date of entry into force of the law shall, in so far as the following paragraphs do not result otherwise, shall be completed to the law previously applicable.

  • 2 In the case of the preceding paragraph, the second and subsequent herds of the same vessel or aircraft shall be laid down with the application of the law subsequently applicable and no further opposition to the issue of purchase tokens shall be possible. The settlement of such herds shall be effected by application of the same law, except in so far as the settlement of the previously produced claims requires the application of the law previously in force.

  • 3 If, at the time of entry into force of the law, the power to impose conservatory order under a warrant or leave issued by the President, that authority may, after that time, comply with the new law. shall be exercised. The requirement in the main proceedings shall be set in good time, if it has taken place within eight days of the seizure or, if the order or leave provides for a longer period, within that time limit. For the application of Article 702 of the Code of Civil Procedure , as it will apply at the time of entry into force of this law, the warrant or leave shall be referred to as equivalent to that of that article.

  • 4 An executive order of sale by a depositor who had not yet been announced at the time of entry into force of the Act shall be wound up according to the provisions of the subsequent law. For the purposes of those provisions, a creditor who has previously opposed the issuing of purchase tokens shall be equivalent to an attachment of the same creditor to an impound person.

  • 5 A ranking shall be settled according to the law under which the appointment of the Judge-Commissioner, to whom the division is to take place, shall be held.


Article II

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An execution to issue a vessel or aircraft shall be governed by the law under which the execution has been issued.


Article III

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Our Minister of Justice brings the citations of the Civil Code in this Act in accordance with those numbering at the time of the entry into force of this law. the Books 3 and 8 of that Code has been adopted.


Article IV

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The provisions of this law shall enter into force upon the dates to be determined by us.

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.

Issued at The Hague, 28 October 1991

Beatrix

The Minister of Justice,

E. M. H. Hirsch Ballin

Published the twenty-sixth of November 1991

The Minister of Justice,

E. M. H. Hirsch Ballin