Notice of a judicial dispute pending on the land or property
1. Does your national system admit such restriction?
This land register system envisages this kind of notice or includes the possibility of registering a notice as such.
2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?
May vary with the kind of notation chosen
3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?
In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).
4. Indicate the national legal sources about this judicial restriction
Code of Civil Procedure § 378 (1) clause 2 and 10, § 389 (4)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- One of the measures for securing an action is a seizure of the defendant’s property which is in the possession of the defendant or another person and, on the basis thereof, making of such notation concerning prohibition in the land register, by which the prohibition on disposal is made visible, or making of such other entry in another property register, by which the prohibition on disposal is made visible.
- Upon seizure of an immovable or a registered movable or another object, a notation concerning a prohibition on disposal of property is entered in the land register or another register to the benefit of the plaintiff on the basis of the plaintiff’s petition and the order on securing the action.
- However, instead of the property seizure, court may also apply another measure which is adequate considering the circumstances of the case (e.g. by entering a preliminary notation to secure a claim for the acquisition or deletion of a real right or an objection to secure a demand for the amendment or deletion of an incorrect entry in the land registry).
