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Article 436. Applicant of a notation

(1) Unless the law provides otherwise, a notation in respect of a registered right is made on the application or the authentic consent of its holder.
(2) A notation under an authentic juridical act may be applied for by any of the parties to the juridical act or their successors.  In case of a juridical act in writing, an application must be submitted by both parties to the juridical act or their successors. In case of refusal, a party may seek a judgment in lieu of consent.
(3) An action is noted:
a) upon application of the claimant based on the statement of claim, application of opening of insolvency proceedings, application for an ordinance or request for arbitration, with the entry stamp or other evidence of receipt by the court or, as the case may be, the arbitration institution;
b) if so ordered by a court under the Civil Procedure Code;
c) by its own motion, where the action challenges the decision of the holder of the register.
(4) If the action was noted under an application lodged under paragraph (3)(a), the holder of the proprietary right (jus in rem) affected by the notation may seek from the applicant of the notation damages for loss causation by way of loss of a real chance to dispose of the proprietary right for consideration, to obtain financing or reparation of similar loss caused by the existence of the notation, provided that the action is not admitted by the court or, as the case may be, is not opposable to the holder of the proprietary right, and the applicant reasonably ought to have anticipated it.
(5) A notation of an action is to be deleted:
a) upon application of the person seeking the notation or its procedural successor;
b) upon application of any interested person, under the order of deletion of the notation issued by the court hearing the merits of the matter or under a judgment whereby a notation is rectified under Article 442;
c) upon application of any interested person, under an irrevocable court order refusing to receive the statement of claim, to return the statement of claim, to terminate the proceeding, to strike the matter out, to cancel the ordinance, under a judgment rejecting the opening of insolvency proceedings, as well as under an irrevocable judgment whereby the merits of the case is resolved.
(6) The notation of a preliminary claim against the decision of the holder of the register is to be deleted of its own motion upon expiration of the time limit of 60 days as of the lodging of the preliminary claim with the holder of the register.
(7) The notation of the status of the registered right as common property of the spouses is made upon the application of any of the spouses, under the marriage certificate if its content, taken together with the legal situation of that right described in the register, indicates that registered right was acquired during the marriage, and under law that right cannot be treated as the personal property of the spouse to whom the registered right is registered.

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