Notice of prohibition of disposing of the ownership
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.
In general, the court might determine, as precautionary measures, any prohibition or limitation of disposing the assets – they are called common or unspecified precautionary measures which are different from the attachment (in the enforcement procedure), seizure, freezing or enlisting assets or insolvency, that are considered specified measures.
As a non-specified measure, a prohibition of disposal can be ordered by the court and, hence, registered as a notice in the land registry.
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)
4. Indicate the national legal sources about this judicial restriction
As legal sources about this judicial restriction, the following are quoted:
- Civil Procedure Code – article 362º and the following
- Land Registry Code – article 3º
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
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 judicial procedure where the prohibition has been determined.
