Insolvency Code Bars Separate Civil Action for Land Register Rectification Regarding Encumbrances

In the bankruptcy of a property owner, disputes concerning encumbrances like servitudes must be resolved within the insolvency's collocation procedure, which mandates the insolvency administrator to list and rule on the validity of existing encumbrances in the property's list of charges, forming part of the schedule of claims. The court determined that because the Insolvency Code provides a specific mechanism under Article 250 SchKG for challenging rejected claims or encumbrances, there is no room for the insolvency estate to pursue a separate civil action, such as a lawsuit for rectification of the land register, to demand the deletion of the servitude, leading to the court refusing to hear the civil suit due to a lack of a proper procedural route.