Cautionary attachment in law of execution and bankrupt

In a relation of obligation, parties are expected to fulfill their obligations in time and as required. A creditor tries to get his credit by suing or pursuiting against the other party who has not fulfilled his obligations. Both the way he follows in suing or pursuiting takes time and a certain procedure needs be followed. In this process, debtor is likely to diseppear not to pay his debts and gains some saving on creditor's loss. To stop the attitudes the debtor does to spoil the present or future pursuit, a number of temporary legal protective measures have been adapted by the legislator in the process of judging and pursuiting. In this framework, to guarantee the result in favor of creditors, a possibilty of temporary confiscation of property of debtor has been recognized by means of cautionary attachment. In our study, we have tried to examine cautionary attachment in our Law of Execution and Bankrupt (the articles 257-268 of Law of Execution and Bankrupt). Certain conditions are expected to form to be able to decide on cautionary attachment. Firstly, the sum of money must be found which is not secured by pledge. No other condition is required for the sum of money of which due time is not ended, and the fact that debtor disappears or takes his property away or he prepares for these needs to be proved. On the formation of these conditions, by the demand of creditor, Court will decide on attachment. The court may also attachment without hearing the other party. Apart from this, for the court to decide on cautionary attachment, having a content about the conditions of cautionary attachment will be satisfactory then. After a cautionary attachment is decided on, it should be executed in a certain time and later be applied to sue and puruit. Altough the property of debtor is attached after the cautionary attachment, the mentioned property shall not be sold unless attachment is certain. The attachment is likely to be terminated in case takes an exception to cautionary attachment with a guaranty. The debtor and third parties can bring an action for damages against the creditor if they suffer from unfair cautionary attachment.