This commentary seeks to highlight a number of issues related to the impossibility of requesting the de jure abolition of an attachment and the restitution of the retained amounts through a future action, provided that there is a final (in this case irrevocable) decision to validate the attachment, not abolished by the specific means of appeal, a decision that constituted the enforceable title of the third party who executed the amount ...

This study has as a starting point an erroneous solution repeatedly encountered in the judicial practice, in relation to the same enforcement file, a solution materialized in unlawful declines of territorial jurisdiction toward a court other than the one within the territorial jurisdiction of which the debtor is domiciled at the time of the enforcement request, a court that granted enforcement, while ignoring the rules of territorial ju...