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No.3

Question

• In the case that the debtor is a government official who has named
his wife as receiver of his gratuities, if the debtor later dies can the creditor
ask for an attachment of such gratuities?
• Vice versa, in the case that the debtor is the wife who has the right
of claim to such gratuities, can the wife’s creditor ask for an attachment
of such gratuities?

Answer

1. Since gratuities are the right of claim of the debtor’s wife after
the death of the debtor, it is not the debtor’s inheritance that the creditor
can enforce for debt repayment.
2. In the case that the debtor is the wife, who has the right of claim
to her husband’s gratuities, the creditor cannot have them attached
under Section 302 (2) of the Civil Procedure Code which stipulates that
the subvention, allowances, pensions or gratuities paid by a government
agency to the surviving spouse or relative of such person are not liable to
execution.

102 Interesting facts about enforcement of civil case judgment Interesting facts about enforcement of civil case judgment 103