Implementation of protective measures

Protective measures aim to preserve assets or restrict disposal to protect disputed rights or the recovery of a claim. The officer implements court-ordered measures within the limits set by the court and law.

Protective attachment — Arts. 952–955, Romanian Code of Civil Procedure

Protective attachment restricts disposal of eligible movable and/or immovable assets pending sale after an enforceable instrument is obtained. Its conditions are in Art. 953 and the court procedure in Art. 954.

Under Art. 955, the officer implements the measure subject to law. Attachment alone does not permit sale: an enforceable instrument and the conditions for enforcement are required.

Protective garnishment — Arts. 970–971, Romanian Code of Civil Procedure

Protective garnishment freezes money, securities or other attachable intangible movable assets owed to the debtor by a third party, including future amounts under existing legal relationships. It protects recovery without itself constituting payment to the creditor.

Judicial sequestration — Arts. 972–977, Romanian Code of Civil Procedure

Judicial sequestration restricts disposal of disputed assets or other assets in statutory cases by placing them with a custodian. It may be requested in disputes about ownership, other rights in rem, possession, use or administration of common property where preservation is necessary.

Duration and termination

Maintaining, lifting or setting aside the measure depends on the court decision, the proceedings and statutory conditions. Protective measures do not automatically become enforcement measures merely because the claim becomes due.