Notice of a limitation 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.

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.

Subsequent registrations can be entered if the person who is protected by the judicial order has given her/his consent to the act.

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).

Restriction can be removed if the person who is protected by the judicial order has given her/his consent to the removal or this person have died (protection is needed no more).

4. Indicate the national legal sources about this judicial restriction

Code of Inheritance 40/1965 Chapter 3 Section 1a (surving spouse) and Chapter 12 (right of use under a testament)

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

Surviving spouse:

Unless otherwise follows from

• a demand of the direct descendants for the distribution of the estate, or
• the terms of a testament left by the decedent
• the surviving spouse may retain possession of the undivided estate of the deceased spouse.

Notwithstanding a demand of a direct descendant for the distribution of the estate, or the rights of a beneficiary under a testament, the surviving spouse may retain possession of the undivided common home of the spouses or of other housing that is part of the decedent’s estate and suitable as a home for the surviving spouse, unless there is housing suitable as a home for the surviving spouse in his or her own property.

Right of use under a testament
If it is stipulated in a testament that someone is to have a right of use to the estate of the testator or to property belonging to the estate, while another person is to have title to this property at or after the death of the testator, the provisions below of this chapter apply, unless the testament otherwise requires.

Consent needed
Without the consent of the surviving spouse or the holder of the right of use, the owner shall not transfer or pledge property subject to the right nor dispose of it in any other manner. In the case of real property and a leasehold over the land of another which, together with the right to administer the land, can be transferred to a third party without hearing the landowner, the consent shall be given in a document attested by two qualified witnesses. If the consent cannot be obtained, the court may, when necessary, permit the intended act on petition. If the owner has disposed of the property without consent or permission, the act shall be invalid as against the survivinig spouse or the holder of the right of use.