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, 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 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 attachement 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 precautinary measure and the confiscation for security are entered in the LR by using the main concept «Restriction of Possession».
• Application of this precautionary measure has to be made to the court. If the applicant can demonstrate that it is probable that he or she holds a debt that may be rendered payable by a decision referred to in Chapter 2, section 2 of the Enforcement Code, and there is the danger that the opposing party hides, destroys or conveys his or her property or takes other action endangering the payment of the debt of the applicant, the court may order the attachment of movable or real property of the opposing party to an amount securing the debt.
• If the court accepts the application, it notifies the bailiff. The bailiff shall immediately give notice to the registrar of the attachment of real estate, a registered special right as well as other mortgageable property and housing company share.
• Registrar must enter the restriction to register at the same day the notice has arrived.
• Nowadays the bailiff can make registration of restriction (foreclosure) also directly to the land register and also remove the registration directly from the land register.
• In general (this is applicable to all cases in this questionnaire)
• Characteristics of the registration of all restrictions in our system is that the registration is based on
  • the information from another authority or
  • directly to the law