Notice of a limitation 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.

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

• Art. 7563 of the Code of Civil Procedure of 17 November 1964 (O.J. 2019. 1460)
• Art. 292 of the Code of Criminal Procedure of 6 June 1997 (O.J. 2020.0.30)

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

According to civil procedure the provision on granting security establishing a prohibition on the sale or encumbering of real estate or the cooperative ownership right to the premises is the basis for an entry in the land and mortgage register a warning on the prohibition of selling or encumbering these rights. The court that issued the decision shall forward this decision to the court making the warning entry in the land and mortgage register. The entry is made ex officio. The court which made the warning in the land and mortgage register shall deliver the decision to the obligated person. The provision regarding the cooperative ownership right to the premises shall also be served on the housing cooperative. A housing cooperative shall be liable for damage caused by activities aimed at selling the cooperative ownership right to the premises, despite the prohibition.

According to criminal procedure the forfeiture is to be secured by seizing movable property, claims and other property rights and by prohibiting the sale and encumbering of real estate. This prohibition is subject to disclosure in the land and mortgage register, and in its absence, in the collection of documents. If necessary, an accused property management board may be established.

The registration is regulated by the Code of Civil Procedure (art. 626 1 – 626 13 ) and is initiated ex officio and has declarative effect.