Notice of a proceeding which may involve the confiscation

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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.

This is criminal confiscation, which can only take place by means of a prior criminal attachment.

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?

No, there will be no freeze on subsequent registrations, but it goes without saying that no notary will yet pass a deed relating to confiscating property (so this is rather a very theoretical hypothesis….).

The judge may order the confiscation of specific property, including real estate. This means that you are permanently deprived of your right of ownership over this property. In this case, the confiscated property belongs to the State. From the criminal attachment of this property, any act relating to it and requiring registration at the Mortgage Office shall be unenforceable against the State.

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of the registration of this restriction will be indefinite (until removed or deleted – criminal confiscation is never withdrawn in my opinion, in any case when it concerns a final judgment/arrest/).

4. Indicate the national legal sources about this judicial restriction

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

The Code of Criminal Procedure

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

Not answered.

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