JURITEXT000006963402 Généré par l'IA

Attachment of Bank Deposits vs. Subsistence Exemption

Numéro de cause JURITEXT000006963402

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-06-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A defendant, having been subject to a precautionary attachment of funds deposited in a bank account, contested the resulting order for sale, arguing that the attached sum was necessary for daily subsistence, which the Court of Cassation rejected, reasoning that a bank deposit, by its nature as a fungible asset and its immediate availability to the debtor, does not constitute an item that is strictly essential for current livelihood and thus cannot be deemed exempt from precautionary measures such as attachment and subsequent sale.

Regeste Legislator

Généré par l'IA

Attachment of Bank Deposits vs. Subsistence Exemption: A defendant, having been subject to a precautionary attachment of funds deposited in a bank account, contested the resulting order for sale, arguing that the attached sum was necessary for daily subsistence, which the Court of Cassation rejected, reasoning that a bank deposit, by its nature as a fungible asset and its immediate availability to the debtor, does not constitute an item that is strictly essential for current livelihood and thus cannot be deemed exempt from precautionary measures such as attachment and subsequent sale.