Notice of a proceeding which may involve the confiscation
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?
Once registered this restriction, it implies a warning to third parties but does not block or freeze subsequent registrations.
Subsequent registration may come pending, but the registration application shall be left in abeyance to wait the final decision of the court.
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)?
Removal of this registration demands the notice from the bailiff.
4. Indicate the national legal sources about this judicial restriction
- Code of Judicial Procedure 4/1734 Chapter 7 (precautionary measures)
- Enforcement Code 705/2007 Chapter 8 (Enforcement of a decision on precautionary measures)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
A real estate can be an object of an attachment in two situations: 1) the attachment of a real estate as a precautionary measure because of coming legal proceedings or because of pending legal proceedings in order to secure the payment of a claim of the plaintiff or 2) the confiscation for security of a real estate in order to secure the payment of a fine or compensation on the basis of an offence or in order to secure the payment of an amount of money declared forfeited to the State.
The general court decides on the attachment as a precautionary measure or on the confiscation for security. Both the attachment as a precautionary measure and the confiscation for security are executed by enforcement authorities. The attachment as a precautionary measure and the confiscation for security are entered in the LR by using the main concept «Restriction of Possession».
