Notice of a proceeding which may involve the confiscation
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)?
In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).
4. Indicate the national legal sources about this judicial restriction
- Par. 160 – 163 Criminal Executive Code
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
The enforcement authority, by executing the confiscation penalty, determines the components of the property covered by confiscation, takes over the property in its possession and liquidates movable property, claims and other property rights, and transfers the property to the management board of the competent state administration bodies. When taking over confiscated property, no prior request for its release is required.
The basis for disclosure in the land and mortgage register of the State Treasury as the owner of the property and for the removal of the mortgages encumbered by it is the decision on the confiscation of the property or the final decision of the enforcement authority establishing that the property is part of the property covered by confiscation.
The confiscation adjudicated does not infringe on limited property rights encumbering confiscated property, with the exception of mortgages and liens that expire, and claims secured by these rights are subject to satisfaction pursuant to Art. 164-166 of the Code.
The registration is regulated by the Code of Civil Procedure (art. 626 1 – 626 13 ) and is initiated by application of a State Treasury and has declarative effect.
