A Legal Analysis to the Principle on Non-Convertibility of the Property Seized for Security or Execution and its Exceptions

Although in enforcement of pecuniary judgments, resort to seizure of property for security or execution is the main method, and the resort to judgment debtor’s detainment cannot free the judgment creditor from it, this method is not perfect because there is an almost hidden rational principle in the civil judgments enforcement act according to which judgment creditor deserves to acquire judgment debt solely from the property seized for security or execution. This principle can be extended to the acquisition of judgment debt from the mortgaged substance. Few exemptions of this principle i.e. possibility of converting the property primarily seized for security or execution to another property’s seizure, possibility of converting the property secondarily seized for security or execution to another property’s seizure, possibility of converting the seizure of salary and privileges for security or execution to another property’s seizure, possibility of converting the property claimed by a third person to another property, and possibility of converting the unsold property to another property cannot always relieve the judgment creditor from restrictions caused by the above-mentioned principle. As a result, that principle in fact means the principle of non-convertibility of property seized for security or execution and is extendable to the mortgaged property and in contrast to what plaintiff or judgment creditor or their legal agents may suppose, hesitant and non-clever seizure of property for security or execution is not so useful and it may eventually cause serious problems on the way of enforcing the judgment.