The author examines and analyses the position of the creditor in the event of an attachment of the debtor’s immovable property when the latter is not listed as the owner of the relevant immovable property in the land register. In the event that the debtor does not possess any other assets except immovable property, the creditor must see to it that the debtor’s ownership right over the relevant immovable property is entered in the land register. Two real-life cases are used to describe practical situations and the reality that the creditor might have to face. The question is whether the creditor can succeed in having the debtor’s immovable property entered in the land register by bringing an appropriate action. Potential barriers to the execution proceedings are then identified, namely when a third party objects to the execution proceedings, whereby such an objection may also be raised by the actual owner or the so-called holder of the pending ownership right. Thus, the core objective is to determine how the creditor can proceed in the execution proceedings, or when forced to bring an appropriate action. Also shown is a practical example and how it was resolved by a court of law by entering the debtor’s ownership right in the land register following the successful completion of legal proceedings. This solution provides the creditor with the possibility of attachment of immovable property and consequently of achieving the goal of recovering the debt.
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