Notice of a constraints on the use or possession of the property due to a judicial custody or administration

Home / European Land Registry Network / Portugal / Notice of a constraints on the use or possession of the property due to a judicial custody or administration

1. Does your national system admit such restriction?

In every case of attachment, seizure, freezing or enlisting, the property stays under judicial control and its use or possession is restrained. Therefore, it is designated by the court a faithful bailee who has the possession and administration of the assets – article 756 of the Civil Procedure Code. Nevertheless, the bailee can be the owner himself if the plaintiff agrees or whenever the asset is the habitation of the defendant.

Hence, no further registration is made as regards the use or possession

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?

N/A

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)?

N/A

4. Indicate the national legal sources about this judicial restriction

N/A

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

N/A

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