Cancellation of documents

The owner of the document or the person in possession of the document can file a petition requesting cancellation of the document with the district court. The petitioner must supply the petition with a copy of the document or with other reliable information on its contents. Additionally, the district court must be notified of the legal basis of the petitioner’s ownership.

The petition is filed with the district court of the municipality where the obligation is to be fulfilled. If no such place is mentioned in the document, the petition is filed with the district court of the place of residence of the person bound by the obligation. Should in some cases these provisions not be applicable, the matter is considered by the district court at the place of residence of the petitioner.

When the issue is the cancellation of a mortgage instrument relating to real property, the petition is filed with the district court with jurisdiction in the municipality where the real property is located.

A processing fee for the application is charged for the cancellation of a document and the fee for public notice in the Official Journal will be charged as well. 

Even if the application is later withdrawn, the applicant remains responsible for the publication cost if the public notice has already been published in the Official Journal, and the application processing fee will be charged as well.