Notice of an enforcement procedure (different from the mortgage) is pending on the 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)?.

Registration has to be renewed within 20 years, not to lose its effectiveness.

4. Indicate the national legal sources about this judicial restriction

The reference legislation on property foreclosure is contained in Book III of the Civil Procedure Code (Royal Decree no. 1443 of 28 October 1940), dedicated precisely to the execution process.
In particular:

• the articles from 474 to 512 c.p.c., containing the general principles on forced execution;
• the articles from 555 to 598 c. of the Civil Code, which specifically govern the real estate attachment.
• the regulatory framework has undergone important changes, the most recent by Legislative Decree n. 135 of 14 December 2018, converted with amendments by Law no. 12 of 11 February 2019.

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

• The property foreclosure is one of the possible forms of forced execution of a generic type. As such, it has the purpose of ensuring a result equivalent to that which would be reached in the event of spontaneous fulfillment of the obliged party, by coercively subtracting assets included in the debt and transforming them, always coercively, into money to be used to satisfy creditors.
• Like any expropriation, the real estate attachment can only take place by virtue of an executive title (sentence, executive injunction, promissory note …) certifying the existence of a certain, liquid and collectible right of the creditor (Article 474 of the Italian Civil Code).
• The start of the procedure therefore requires: the notification to the debtor of the enforceable title and the related deed of precept, i.e. an order to fulfill the obligation resulting from the title, within a period of not less than 10 days as a rule (except for the hypotheses of immediate fulfillment provided for by art . 482 cpc);
• Pursuant to art. 555 c.p.c. the real estate attachment is carried out by notification to the debtor and subsequent transcription in the real estate register of an act which must contain:
  • the name of the parties;
  • the exact indication of the property and property rights that you intend to execute, inserting the details required by the civil code for the identification of the mortgaged property (nature of the property, urban destination, municipality of belonging, land registry number or census maps and at least three borders);
  • the injunction to the debtor pursuant to art. 492 first paragraph of the Italian Code of Civil Procedure, to refrain from carrying out any act aimed at removing the assets subject to expropriation and the related fruits from the credit guarantee indicated.