Notice of prohibition of disposing of the ownership
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.
It is in penal matters, a precautionary seizure that can lead to the confiscation of the immovable.
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, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties.
It is opposable to the owner from the date of its transcription.
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 there is a final decision of confiscation or not of the immovable.
4. Indicate the national legal sources about this judicial restriction
Article 66-1 (2) of the criminal instruction code.
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- The attachment order is submitted to the Land Registry where the seized immovable is located, to be transcribed.
- The transcription is effective at the time that the attachment order is notified to the Land Register.
- The precautionary immovable seizure is valid from its transcription until 2 months have expired after the final decision announcing the confiscation is in force of res judicata, which is also transcribed.
