formal publicity -fact sheet- xiv general assembly tallinn, 2nd december 2011 xiv general assembly...
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FORMAL PUBLICITYFORMAL PUBLICITY-fact sheet--fact sheet-
FORMAL PUBLICITYFORMAL PUBLICITY-fact sheet--fact sheet-
XIV GENERAL ASSEMBLYXIV GENERAL ASSEMBLY
TALLINN, 2nd DECEMBER 2011TALLINN, 2nd DECEMBER 2011XIV GENERAL ASSEMBLYXIV GENERAL ASSEMBLY
TALLINN, 2nd DECEMBER 2011TALLINN, 2nd DECEMBER 2011
FORMAL PUBFORMAL PUBLLICITYICITYFORMAL PUBFORMAL PUBLLICITYICITY
based on 14 ELRN contact points contribution
reflect 14 different national LR systems
according to a common pre-defined structure
to be used also in LINE project (ELRA-EULIS cooperation)
based on 14 ELRN contact points contribution
reflect 14 different national LR systems
according to a common pre-defined structure
to be used also in LINE project (ELRA-EULIS cooperation)
FACT-SHEET STRUCTUREFACT-SHEET STRUCTUREFACT-SHEET STRUCTUREFACT-SHEET STRUCTURE
HOW TO GET THE INFORMATION?• Who can apply? Where can be found?How to get it?How to
identify the immovable? other
THE CONTENT OF THE INFORMATION• general issues; A) property; B) owner; C) mortgages & burdens
LEGAL EFFECTS OF THE INFORMATION• The probative value of the LR info; the degree of reliability;
hidden liens; effects of issuing of the LR excerpt; other...
HOW TO GET THE INFORMATION?• Who can apply? Where can be found?How to get it?How to
identify the immovable? other
THE CONTENT OF THE INFORMATION• general issues; A) property; B) owner; C) mortgages & burdens
LEGAL EFFECTS OF THE INFORMATION• The probative value of the LR info; the degree of reliability;
hidden liens; effects of issuing of the LR excerpt; other...
HOW TO GET INFO?HOW TO GET INFO?HOW TO GET INFO?HOW TO GET INFO?
all systems are public
no overlapping between same LR systems
information is costly, but there are exceptions
not all the information is absolutely public
• access to the public registration is different than access to the registered file
• information regarding some real estates is restricted
online information provided by several LR systems.
price lowed than front-office provided information
all systems are public
no overlapping between same LR systems
information is costly, but there are exceptions
not all the information is absolutely public
• access to the public registration is different than access to the registered file
• information regarding some real estates is restricted
online information provided by several LR systems.
price lowed than front-office provided information
HOW TO GET INFOHOW TO GET INFOHOW TO GET INFOHOW TO GET INFO
same LR information is structured in various ways
“search keys” are:
• real estate identification
• LR registration number
• personal data (not generally accepted in some LR systems, but alllowed for the courts, prosecutors, police, etc. )
forms:
• it is required to fill in a form to apply for LR information
• exceptions:
• providing verbal information
• no forms defined
same LR information is structured in various ways
“search keys” are:
• real estate identification
• LR registration number
• personal data (not generally accepted in some LR systems, but alllowed for the courts, prosecutors, police, etc. )
forms:
• it is required to fill in a form to apply for LR information
• exceptions:
• providing verbal information
• no forms defined
HOW TO GET INFOHOW TO GET INFOHOW TO GET INFOHOW TO GET INFO
LR information is provided in national language (one exception Netherlands)
the validity of the LR certificate - 3 different cases:
• no validity
• valid as the LR reflection of the juridical status of the registered property at the moment it was issued
• valid for a predefined period
not all the systems have a direct relation with cadastre, but some are fully integrated
LR information is provided in national language (one exception Netherlands)
the validity of the LR certificate - 3 different cases:
• no validity
• valid as the LR reflection of the juridical status of the registered property at the moment it was issued
• valid for a predefined period
not all the systems have a direct relation with cadastre, but some are fully integrated
LEGAL EFFECTS OF THE LEGAL EFFECTS OF THE INFORMATIONINFORMATION
LEGAL EFFECTS OF THE LEGAL EFFECTS OF THE INFORMATIONINFORMATION
the effect of the information is related to the the effect of the registration
main distinction should be made between deeds system and titles system
the probative value of the information has different degrees:
• absolute proof of the juridical status - legal certainty, state guaranty
• a legal presumption of the validity of the juridical status as it is registered
• no validity
the effect of the information is related to the the effect of the registration
main distinction should be made between deeds system and titles system
the probative value of the information has different degrees:
• absolute proof of the juridical status - legal certainty, state guaranty
• a legal presumption of the validity of the juridical status as it is registered
• no validity
LEGAL EFFECTS OF THE LEGAL EFFECTS OF THE INFORMATIONINFORMATION
LEGAL EFFECTS OF THE LEGAL EFFECTS OF THE INFORMATIONINFORMATION
the degree of reliability is related to the probative value.
• in case of absolute proof for existence of the right no further investigation needed
• further investigation needed in other cases
hidden liens? still studying...
the excerpts issued has no effect to the LR system (few exception)
the degree of reliability is related to the probative value.
• in case of absolute proof for existence of the right no further investigation needed
• further investigation needed in other cases
hidden liens? still studying...
the excerpts issued has no effect to the LR system (few exception)
FORMAL PUBLICITYFORMAL PUBLICITYFORMAL PUBLICITYFORMAL PUBLICITY
• point of interest for other projects:
• EULIS - LINE project
• CROBECO
• e-justice portal
• require permanent update by ELRN
• point of interest for other projects:
• EULIS - LINE project
• CROBECO
• e-justice portal
• require permanent update by ELRN
To be continued...To be continued...
Thank you!Thank [email protected]
To be continued...To be continued...
Thank you!Thank [email protected]