Question juridique clé
Whether the enforcement office had to initiate a claim proceeding under Art. 106 et seq. LEF for land acquired after a registered restriction on disposal.
Solution extraite
No. The office may refuse to start a claim proceeding when the subsequent acquisition cannot be opposable to the enforcing creditor because the land was transferred after the registered restriction on disposal.
Motifs extraits
The land-register annotation excludes the acquirer's good faith against the enforcing creditors, and the office need not open a claim proceeding merely because the debtor alleges a later transfer.