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?

Once registered this restriction, it does not block or freeze subsequent registrations.

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)?

Art. 109 -111 the Act on Land Mortgage Register and on Mortgage of 6th July 1982 (O.J. 2019, p. 2204)

4. Indicate the national legal sources about this judicial restriction

• Art. 755 of the Code of Civil Procedure of 17 November 1964 (O.J. 2019. 1460)

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

If the subject of the security is not a pecuniary claim, the court shall provide the security in such a way as it deems appropriate, not excluding the methods provided for securing the monetary claims. In particular, the court may order the appropriate warning to be entered in the land and mortgage register. According to judiciary and jurisprudence an order to enter an appropriate warning in the land and mortgage register may relate to entering a warning of the pending proceedings in order to ensure the effectiveness of the judgment, e.g. towards legal successors.

The registration is regulated by the Code of Civil Procedure (art. 626 1 – 626 13 ) and is initiated by application of a creditor and has declarative effect.