FORMAL PUBLICITY -fact sheet. XIV GENERAL ASSEMBLY TALLINN, 2 nd DECEMBER 2011
FORMAL PUBLICITY 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 (ELRAEULIS cooperation)
FACT-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 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
HOW 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
HOW 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
LEGAL EFFECTS OF THE INFORMATION the effect of the information is related to 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 INFORMATION the degree of reliability is related to the probative value. • • in case of absolute proof for existence of the right no further investigation needed in other cases hidden liens? still studying. . . the excerpts issued has no effect to the LR system (few exception)
FORMAL PUBLICITY • point of interest for other projects: • • CROBECO • • EULIS - LINE project e-justice portal require permanent update by ELRN
To be continued. . . Thank you! mihai. taus@gmail. com
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