. Citizens and business entities often face situations where their real or movable property is subject to a registered seizure (attachment) or a prohibition on disposal.){kind=link}
One of the most common and effective mechanisms in civil and administrative proceedings is the use of interim measures (measures to secure a claim). Citizens and business entities often face situations where their real or movable property is subject to a registered seizure (attachment) or a prohibition on disposal.
In this article, we will discuss the differences between them and the legal avenues available to protect your rights.
- What is Seizure (Attachment)?
Seizure is a legal restriction that entails a prohibition on the disposal of property (sale, gift, pledge). Its purpose is to ensure the enforcement of a court decision.
Who imposes it? A seizure can be imposed based on a court injunction, by the Enforcement Bureau, or by a decision of the tax authority.
What does it apply to? Seizure can apply to real estate (apartment, land), as well as movable items and bank accounts.
- Prohibition on Disposal (Registration Restriction)
A prohibition on disposal is more frequently used regarding rights registered in the Public Registry. This is a record that notifies third parties that there is a dispute over the given property and its alienation is restricted by law. - Primary Grounds
The most frequent cases for applying seizure and prohibition are:
Contractual disputes: When a party seeks to recover funds and there is a risk that the defendant might conceal the property.
Tax liabilities: When the state ensures the fulfillment of obligations to the budget.
Family disputes: During the process of property division, to prevent the alienation of shared property by one of the spouses.
- What to do if your property is seized?
The existence of a seizure does not mean you have lost your ownership rights, though your freedom of action is restricted. In such cases, it is important to:
Clarify the grounds: Obtain an extract from the Public Registry or contact the National Bureau of Enforcement for information.
Appeal: If you believe the seizure was applied unlawfully or disproportionately, you have the right to appeal within the legally established deadlines.
Substitution of security: It is possible to petition the court to replace the seizure of one item with another property of equivalent value.