Article 1291

The judgment of expropriation shall also stipulate an advance on indemnification due to the expropriated party. The advance shall be equal to the compensation offered by the expropriating authority for voluntary acquisition, unless all parties involved have agreed on a final compensation which is to be included in the judgment.

The judgment of expropriation will serve as title of execution for both the expropriation and the advance on indemnification or the final indemnification if such indemnification has been fixed pursuant to sub-Article (1).

The judgment of expropriation will be entered in the register of immovable property to pass ownership or rights in rem from the expropriated owner or interested third parties to the expropriating authority.

The title of ownership shall at such time pass to the expropriating authority free of all encumbrances.

The judgment of expropriation shall elapse if within three months the advance on indemnification is not paid, or in case of such a judgment whereby final indemnification is fixed, final indemnification is not paid, or the ownership has not passed to the expropriating authority. The judgment of expropriation shall also lapse if within three months after the judgment on final indemnification, the difference between the advance on indemnification and final indemnification is not paid by the expropriating authority. In case of appeal the term is lengthened to three months after the appellate Court has reached its judgment and this judgment is final.

If due to the expropriated party, the expropriating authority is not able to pay indemnification, the indemnification shall be deposited with the Court.

In case the judgment lapses the expropriated party can file a statement of claim against the expropriating authority with the Court which has rendered the lapsed judgment to restore him in his former rights. Likewise the expropriating authority can in case of an elapsed judgment file a statement of claim for restitution of a indemnification or advance thereon paid to the expropriated party. In no case: can the expropriated party be obligated to restitute more than 90% of the received indemnification or advance, nor has the expropriating authority any other claim on the expropriated party for reasons of unjust enrichment or otherwise.