Abstract

The article discusses the issue of securing a claim by seizing a debtor’s money and placing it in the deposit account of the Ministry of Finance (2^nd sentence of Art. 752 § 1 of the Code of Civil procedure) from the viewpoint of its purpose, i.e. immediate protection of the creditor and ensuring effective enforcement of the claim at the stage of enforcement. In the course of the court proceedings under which security has been grated the debtor may resort to measures preventing satisfaction of the creditor. The absence of a statutory ban on enforcement with respect to the same debtor’s asset which has been secured under the proceedings with respect to the first creditor may lead to a situation whereby another creditor personally or financially bound with the debtor can withdraw the deposited funds and thus prevent satisfaction of the first creditor and at the same time pass on the enforced funds to the debtor. Therefore, a question arises as to the sense of such security in the situation when the deposited funds may be by enforce at the request of other entitled entities if the position of the secured creditor is not privileged.