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FORMAL PUBLICITY FORMAL PUBLICITY -fact sheet- -fact sheet- XIV GENERAL ASSEMBLY XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 TALLINN, 2nd DECEMBER 2011

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Page 1: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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

Page 2: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 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)

Page 3: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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...

Page 4: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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

Page 5: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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

Page 6: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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

Page 7: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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

Page 8: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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)

Page 9: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

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

Page 10: FORMAL PUBLICITY -fact sheet- XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011 XIV GENERAL ASSEMBLY TALLINN, 2nd DECEMBER 2011

To be continued...To be continued...

Thank you!Thank [email protected]

To be continued...To be continued...

Thank you!Thank [email protected]