Notice of a proceeding which may involve the confiscation
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 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 temporary (under a deadline).
4. Indicate the national legal sources about this judicial restriction
- Articles 42.2.3, 72, 73, 257 Mortgage Act ((https://www.boe.es/eli/es/d/1946/02/08/(1)/con).
- Articles 141, 165 and 167 Mortgage Regulations (https://www.boe.es/eli/es/d/1947/02/14/(1)/con) henceforth, Article 629 Law 1-2000 of 7 January on Civil Procedure (https://www.boe.es/eli/es/l/2000/01/07/1/con), henceforth, Law on Civil Procedure.
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- It is applied the same as in point 1, since every notice publishing a plaintiff claim of an amount of money can result in deprivation of the property.
- This judicial restriction does not prevent doing disposal acts and registering them; but these acts become subordinated to the result of the judicial procedure
- This judicial measure does not block registering other notices about judicial disputes claiming a different amount of money.
- If there are several notices about judicial measures registered, the first one entering the register is going to have priority.
- Once the priority notice is executed, the other ones are going to be cancelled.
- The process can lead to forced sale or public auction, in order to satisfy the creditor.
- If in the legal proceeding there is remaining money, the nonpriority notices are going to be cancelled, but that remaining money will be used to pay those claims by order.
