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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to cancel attachment entries and register ownership in favour of an awardee. The case examines the validity of land registry entries following land consolidation and the priority of dispositive acts over subsequent attachments on assets that no longer belonged to the debtor. The conflict arose because the replacement plot was registered in the name of the former owner without notifying the actual owners, allowing for the registration of improper charges.
For affected individuals, the resolution addresses the possibility of rectifying the registry when land consolidation registers assets in the names of former owners, allowing for the entry of improper charges. The case emphasises that land registry entry is not constitutive of ownership and that attachments cannot fall upon assets that have already left the debtor's estate, even if the registry entry has not yet been updated.
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