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.

The attachment will be registered when the court (or the legitimated agent) determines it. The enforcement procedure itself is not registered.

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.

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)

If the owner of the immovable property is different from the defendant, there will be a provisional inscription (usually for one year)

4. Indicate the national legal sources about this judicial restriction

As legal sources about this judicial restriction, the following are quoted:

• Civil Code – article 817º and the following, mainly article 819º
• Civil Procedure Code – article 735º and the following, mainly article 755º and the following

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

The attachment executes the debtor’s assets, which become available to the process in order to satisfy the creditor’s claim.

The owner can sell or burden the property, which will lead to definitive new entry in the land registry. However, this act will not be opposable to the enforcement procedure. Any third party acquiring the property in the enforcement procedure, due to the priority principle, will have his right prevailing over the acts performed voluntarily by the owner (even previously to the enforced sale), which entry in the register will, then, lapse (or extinguish) by law determination.