Article 435. Rights, acts or facts subject to notation
(1) In the cases provided by law, rights, acts, facts, or legal relationships become opposable to third parties via notation exclusively unless it is proven that they have been known otherwise, except when the law provides that their mere knowledge is not sufficient to cure the absence of publicity. In case of conflict between rights derived from a common transferor, the provisions of Articles 426, 427, and 430 apply.
(2) In addition to other cases provided by law, notations are made in respect of:
1) the contract on the manner of use of common property or periodic property, contract to postpone partition of common property;
2) the lease and assignment of the right to collect rent or other income produced by the registered right;
3) the in-kind contribution of the use of the registrable right to the capital of a company;
4) the precontract, including the option, which the promisor enters into as a holder of the registrable right;
5) the preemption right conferred by a contract and relating to a registered right;
6) the prohibition under a contract or will to transfer or encumber a registrable right (the non-transferability clause);
7) the fact that the registered right is a common property of spouses;
8) the fact that the holder of the registrable right is a trustee and, if they are known, the identity of future beneficiaries in respect of the registered right;
9) the application for the opening of insolvency proceedings in respect of the holder of the registered right and the opening of the insolvency proceeding by the court;
10) the sequester of the registered right, of its fruits or income; the prohibitions ordered by a court or other authorities under the law;
11) the action for making a registration, the action of justification, and the action for rectification;
12) the action to challenge the decision of the registrar and, if a preliminary procedure is mandatory under law, the preliminary application connected to such action;
13) any actions relating to rights, acts, facts, or legal relationships relating tot h registered right, regardless if it relates a registration or a provision registration either existing or deleted, including:
a) the action to defend the registered right;
b) the action to cancel a judgment of declaration of death;
c) the action for partition;
d) the action seeking a finding of absolute nullity or relative nullity of a juridical act or a finding that a juridical act is ineffective where the registration or the provisional registration was made based on any such juridical act;
e) the action to terminate a contract under which a registration or a provisional registration was made;
f) the revocatory action relating to a juridical act under which a registration or a provisional registration was made;
g) the application to revise a judgment under which a registration or a provisional registration was made;
14) the initiation of a criminal investigation in respect of a crime made by way of a registration, provisional registration, or notation in the register or a crime as a result of which a registration, provisional registration, or notation in the register was made;
15) the establishment of a judicial measure of protection (interim protection, curatorship, tutorship) in respect of the holder of the registered right if, under the terms of the established measure, the protected person may not independently enter into juridical acts of disposal in respect of immovable property; amendment or revocation of such a measure;
16) the judgment received by the keeper of the register from a court if the person in whose benefit the registrable right is to be registered did not lodge an application of registration and did not pay the related dues under the legal procedure.
(3) For the purposes of this Article, third parties mean any person that acquired a registrable right or another right relating to the registrable right.
(4) The absence of notation does not deprive the right, act, fact, or legal relationship of its effects as between the parties, and in case of legal action – between the parties to the proceeding.
(5) Unless the law provides otherwise, a notation made in respect of a registrable right does not preclude registrations, provisional registration, or notations being made in favor of third parties without the consent of the applicant of the notation or the beneficiary of the notation.