Revoked Cautionary Seizure: Effective Technical Defense in the Precautionary Phase
The Case
An Italian steel company specialized in the project and management of high-tech industrial plants had received a significant cautionary seizure order during preliminary negotiations for the purchase of an electrical system. The client had only signed an informal declaration of interest, with no intention of entering into a binding contract and subsequently decided to terminate negotiations. The system manufacturer, believing it had entered into a binding preliminary contract, served a motion for precautionary seizure, which was initially issued without the other party being heard.
Applied Actions
The Law Firm of Attorney Tanya Zanotti immediately intervened in the precautionary proceeding, filing an opposition to the seizure and requesting its revocation due to the lack of prerequisites. The arguments were based on the lack of fumus boni iuris, given that there was no binding contract, and the lack of periculum in mora, given that there was no concrete risk of the assets being lost. A detailed legal argument was also developed, highlighting the non-existence of a contractual relationship and the absence of pre-contractual liability, demonstrating that the client had acted in good faith.
The Result
Thanks to this timely and technical strategy, the precautionary seizure was lifted, the manufacturer’s precautionary claims were rejected and the client obtained an order against the counterparty to pay legal fees. The company’s financial protection was thus ensured without unjustified holdups.
Why the Case Is Significant
The success of this case demonstrates how, even in the initial stages of negotiations, it is possible to suffer aggressive and disproportionate actions from the counterparty. It highlights the importance of timely and targeted technical defense in precautionary proceedings and confirms that an informal document is not enough to prove a contractual obligation: the unique important thing is the actual intent to negotiate. In this context, the Law Firm of Avv. Tanya Zanotti has confirmed how legal preparation and a merit-based strategy can make the difference, fully protecting the client’s interests.
Are you in a similar situation?
Protect your rights with the Law Firm of Attorney Tanya Zanotti
If your company is at risk of unjustified precautionary measures or seizures during negotiations, the Law Firm of Attorney Tanya Zanotti can assist you with targeted and timely strategies. Thanks to a precise technical and legal approach, the firm protects your assets, demonstrates good faith in negotiations and ensures effective dispute management, avoiding unjustified delays and unnecessary expenses. Contact the firm for a personalized consultation and address any situation with peace of mind.
