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In enforcement law , non-attachability means that attachment is prohibited by law .


The law enforcement is generally assumed that the creditors with the help of seizure access to the property of the debtor related assets will have to go through their recovery its due and unpaid by the debtor claims to compensate. However, as an exception, the law provides for certain barriers that limit seizure protection in the context of seizure protection. This protection against seizure has social reasons, is intended to prevent “seizure” and to ensure the protection of the debtor by maintaining his subsistence level . Seizure would be the seizure and realization of all assets of a debtor against which he can defend himself with the remedy of remembrance . The general seizability serves to protect creditors and the special seizure protection serves to protect debtors.


In the case of non-attachable items, a distinction must be made between non-attachable items and non-attachable claims / rights:

The non-seizure of things concerns the “modest management of life and household” (§ 811 No. 1 ZPO), so that luxury goods can always be seized. What is part of a modest way of life and housekeeping is determined by traffic custom . Nowadays this includes refrigerator , washing machine and color television ; they cannot be seized.

The non-attachability results either from the fact that certain items are completely withdrawn from the seizure ( household effects ), or only some are classified as attachable ( seizure exemption limits for earned income).

Legal issues

The bailiff ex officio has to observe the non-attachability. It may not pledge, unless in exceptional cases the unpfändbare things exchange attachment ( § 811a , § 811b ZPO) or the anticipation attachment ( § 811d ZPO) are permitted. If other pledged objects are not available in sufficient quantities, he must, however, pledge the thing in case of doubts about the non-pledging (Section 72 business instructions for bailiffs GVGA NRW).

Statutory Liens

The non-attachability also affects the statutory liens such as the landlord's lien ( Section 562 (1) sentence 2 BGB), lessor lien ( Section 592 BGB) or the innkeeper lien ( Section 704 sentence 2 BGB). Landlords, lessors or innkeepers may only exercise their right of lien on attachable property of the tenant / lessee / guest for their due and unpaid claims. The exception is ordinary household effects that can be seized by these legal entities . In the case of the lessor's lien , the entrepreneur's lien ( § 647 BGB) and the commercial legal liens ( commission agent , carrier , forwarding agent and warehouse keeper ), however, there is no provision for non-attachability.

Bankruptcy proceedings

Items that are not subject to foreclosure do not belong to the bankruptcy estate according to Section 36 (1) of the Insolvency Code (InsO) .


Non-attachable items can, however, be the object of a pledge , whereas non-attachable claims cannot ( § 400 BGB). The transfer of ownership by way of security (and of vehicles ) is not limited to attachable objects. Just as the debtor can dispose of non-attachable items without restriction, he can also use them as collateral .


The accessories of a property belonging to the property owner cannot be seized ( Section 865 (2) ZPO). Rather, it is subject to foreclosure on immovable property together with the property . For example, the bailiff may not seize the dairy and breeding cattle in the case of enforcement against the owner of a farm, and the machines intended for operation in the case of enforcement against the owner of a factory (§ 78 GVGA NRW).

Legal consequences

The non-attachable parts must remain with the debtor, otherwise he can defend himself against unauthorized attachments with the reminder of the reminder . For this purpose, the reminder of enforcement according to § 766 ZPO is available to him. The bailiff issues a certificate of non-attachability if he has reasonable grounds to believe that the debtor's foreclosure will be unsuccessful (§ 32 GVGA NRW).

Web links

Individual evidence

  1. Springer Fachmedien Wiesbaden (ed.), Compact Lexicon Economy , 2014, p. 295
  2. Springer Fachmedien Wiesbaden (ed.), Compact Lexicon Economy , 2014, p. 561
  3. BGH, judgment of November 16, 2017, Az .: IX ZR 21/17
  4. BGHZ 93, 315, 325
  5. ^ RG, judgment of April 20, 1931, Az .: VI JW 532/78, 710, 790
  6. Patrick Brock: Non-attachability of movable objects (II) DGVZ 1997, pp. 65–70
  7. Bernhard Wieczorek / Rolf A. Schütze / Wolfgang Lüke (eds.), Large Commentary on the Code of Civil Procedure and Ancillary Laws , Volume 4, Part 2, 1999, Section 812 Rn. 6th
  8. Wolfgang Henckel / Walter Gerhardt (eds.), Großkommentar Insolvenzordnung , Volume 1: §§ 1-55, 2004, p. 1313 Rn. 43
  9. BGH WM 1961, 243
  10. RGZ 59, 87