Notice of a property affected by an insolvency proceeding
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.
Mortgages are registered on the immovable assets of the debtors of the person who is bankrupt, and on the immovable assets of the person who is bankrupt.
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)?
In this system the duration of the registration of this restriction will be indefinite until there is a final judgment.
4. Indicate the national legal sources about this judicial restriction
Amended law from the 2/07/1870 concerning the review of the legislation in bankruptcy and insolvency matters & law from the 21/07/1992 adapting bankruptcy regulation & Article 487 of the commercial code.
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- The mortgage registration is made by the curators, in the name of the creditors mass, on behalf of a slip.
- The slip announces that there is a bankruptcy and indicates the date of the judgment that nominated the curators.