Notice of attachment to a debt due to a judicial claim
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, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties: only the restriction “memo” is registered at dls
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).
A “memo” needs to be renewed every 10 years
4. Indicate the national legal sources about this judicial restriction
Encumbrances and prohibitions are specified under the transfers and mortgages law no. 9/65
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- A Judicial Restriction / Process is not regarded as an encumbrance unless the Court Process is completed and an instruction for the specific registration of an encumbrance is being ordered. Usually an “Interim Order” (prohibition) by the Court is issued before the Court Decision is being finalized. Encumbrances are registered upon the property directly – “Memo”, whereas restrictions affecting a person / owner are registered as “General Prohibitions”.
- Please refer to for specific details here
