“THIRD PARTY OBJECTIONS TO CONSERVATOIR BESLAG”
Land belonging to a third party that is not included as one of the Defendant’s parties in a lawsuit cannot be placed as collateral (conservatoir
beslag) in the lawsuit. The third party is justified in filing a counterclaim.
A Trading Company and its owners are also responsible for unlawful acts committed by their employees to carry out work that is within the scope of
activities and the interests of the company, following the legal principle of Vicarious Liability, ex article 1367 BW, then the company and/or the owners are responsible jointly and severally obliged to pay compensation to the party who was harmed because
of the unlawful act by the employee.
Supreme Court Decision Number 2769 K/Pdt/1995, 24 July 1996.
Source:
Varia Peradilan No. 158. Year. XIV. November 1998. p. 51-52,
https://yuridis.id/bantahan-third-party-conservatoir-beslag/
Best regards
Fredrik J. Pinakunary