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 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)?

Registration has to be renewed within 20 years, not to lose its effectiveness (in case of cautionary seizure).

4. Indicate the national legal sources about this judicial restriction

Injunction decree.(art. 633 ss of the civil code)
Cautionary seizure (art. 671) c.p.c

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

• Injunction decree (Or injunction order)

• • If the credit is based on a promissory note, bank check, cashier’s check, certificate of liquidation of the stock exchange, or on an act received by a notary or other authorized public official, the judge, at the creditor’s request , orders the debtor to pay or deliver without delay by failing to authorize the provisional execution of the decree and setting the term for the sole effect of the opposition .
  •  The provisional execution can be granted even if there is a danger of serious injury in the delay , or if the applicant produces documentation signed by the debtor, proving the right asserted; the judge may impose a security on the applicant .
  • In such cases, the judge can also authorize the execution without observing the deadline referred to in article 482 ). Such provisional measure allows the creditor to inscribe a mortgage in the land registry.

• The Cautionary seizure is governed by Article 671 of the Italian Code of Civil Procedure which states that «at the request of the creditor, who has founded fear of losing the guarantee of his credit, the judge may authorize the attachment of the debtor’s movable or immovable property or the sums due to him to the extent that the law allows the attachment»

• • Cautionary Seizure
  • This kind of Seizure has two purposes:
    • To maintain the immovable in the debtor’s asset, in order to permit the creditor to satisfy himself with the proceeds of the forced sale and
    •  To make ineffective the disposing acts of the debtor.
      Registration of the seizure on immovable has constitutive effect.
      After an irrevocable judgement, the seizure converts itself into a foreclosure.