3.1.2 Sub-questions

The instrument applies only to the transfer of immovable property (question 1). The instrument applies automatically (question 2): as long as the purchaser qualifies as ‘vulnerable’ and the purchase price is paid at once in full, the purchaser is protected without any additional form of registration being required. Although the court does not explicitly limit the duration of the instrument, the judgment does provide some sort of limitation by stating that the order only applies to “a seller’s insolvent estate that has not been finalised” (under 78, point 5). However, as long as the purchaser pays the purchase price at once within one year after concluding the contract, the proprietary interest that the judgment bestows upon the purchaser is, in principle, unlimited in time (question 3). Finally, the purchaser is merely protected against the bankruptcy of the seller, and – unlike a priority notice – not against an attachment or a second grant by the seller (question 4).