Notice of a judicial dispute pending on the land or property

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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.

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).

The registration can be removed by a definitive judicial order or by the declaration of the interested parties in a notarial deed. Registration has to be renewed within 20 years not to lose its effectiveness.

4. Indicate the national legal sources about this judicial restriction

Civil code (articles 2652, 2653 and 2646, last paragraph)

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

Only claims listed in articles 2652, 2653 and 2646, after being notified to the defendant, can be registered. The main effect of the registration is to anticipate the effects of the judgment at the time of the registration. Is to say that the plaintiff can avail the favorable judgment against third parties whose registration was made after the registration of the claim.

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