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    Is the Creditor Moving for Revocation of PAO Held Liable for Damages to the Debtor No Matter the Creditor’s Motion for PAO Is Unlawful or Not?
    2021-05-31

    Code of Civil Procedure (hereinafter referred as the “Code”) stipulates that, “where a provisional attachment order ("PAO") is revoked either by reason of being improper ab initio or by reason of the provisions of Paragraph 4 of Article 529 or Paragraph 3 of Article 530, the creditor shall compensate the debtor for any losses incurred from the PAO or the provision of countersecurity.” Also, according to Paragraph 3, Article 530 of the same Code, "the creditor may move for revocation of the PAO.” There have been different opinions in the judicial practice on whether the creditor moving for r

    Filed under:
    Taiwan, Insolvency & Restructuring, Litigation, Lee and Li Attorneys at Law
    Authors:
    Alina Tang , Frank Lee
    Location:
    Taiwan
    Firm:
    Lee and Li Attorneys at Law
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