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ELRA Working group International law (incl. EuropeanCommunity Law)

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Presentation on theme: "ELRA Working group International law (incl. EuropeanCommunity Law)"— Presentation transcript:

1 ELRA Working group International law (incl. EuropeanCommunity Law)

2 ELRA Working Group "International Law (includ. European Community Law)"2 Members of the Working Group Susan MacInnes, ELRA Secretary General Jose Simeon Rodriguez, ELRA President Jozef Decuyper, ELRA Treasurer Chris Pitt-Lewis, HM Land Registry of England and Wales Harald Wilsch, Bund Deutscher Rechtspfleger

3 ELRA Working Group "International Law (includ. European Community Law)"3 The plan start work again on the new Working Groups member´s area on the new website will be more easily accessible encourage members to post comments on topics then allocate the roles of moderator for each group but start discussion by first then transfer it onto the new website when it is ready to go live see s from the ELRA Board of Directors from 4th of September

4 ELRA Working Group "International Law (includ. European Community Law)"4 Survey about the Suggestions A) Real Estate Investment Trusts in our member countries B) The legal role of Trusts in Land Registry systems C) The ECJ´ decision from October 2007 concerning Al-Quaida-Network and land registry matters D) Access to the land register in reference to the Green Paper of the EC about foreclosure (March 2008) E) Foreclosure in Land Registry Procedures: a contribution to the EC Green Paper F) The global financial crisis and its effects on Land Registry Procedures G) Possible contributions of ELRA in relation to the European Judicial Network (creation of a special network) H) Foreign documents in Land Registry Procedures I) Interim provisions in Land Registry Procedures

5 ELRA Working Group "International Law (includ. European Community Law)"5 A) Real Estate Investment Trusts in our member countries Different types of REIT´s in the member countries Structure, representation, representative authority The national law itself (for example: in Germany, the law concerning REIT´s is in force since the beginning of 2007) Matters of commercial register But also matters of land registry Chris: markets have to calm down- but the best time to invest is the bottom of the market See ELRA Publication Nr. 2, article about the G-REIT

6 ELRA Working Group "International Law (includ. European Community Law)"6 B) The legal role of Trusts in Land Registry matters More general discussion: How our various systems can cope with trusts Continue the work we have already done with the Questionnaire about Real Estate in case of succession; go on in this special field Conflicts of law? Can re-interpretation take place? Or rejection?

7 ELRA Working Group "International Law (includ. European Community Law)"7 C) The ECJ´s decision from October 2007 concerning Al-Quaida-Network and land registry matters ECJ´s judgement concerning restrictive measures directed against persons and entities associated with Al Quaida Referring court was the Kammergericht in Berlin ECJ: although the sale price has already been paid, a registration can not take place As a result: check the current consolidated list on the documents of the Security Councilwww.un.org Do you also check this list? Are you also involved? Better way: to implement this list in our databases? Chris: what about if Al-Quaida takes note about our discussion?? For Chris: you will become a new neighbour!

8 ELRA Working Group "International Law (includ. European Community Law)"8 D) Access to the land register in reference to the Green Paper of the EC about foreclosure This is in reference to the Green Paper from March 2008 It is about efficiency of foreclosure, judicial decisions and transparency of debts We may think about these aspects: * how to get relev. informations about the assets from Land Reg. * what steps must be taken, legal requirements, check on interests * which are the relevant sources for getting more inform. * which are the relevant data bases besides the land register, that means auxiliary registers? * what about the costs for getting this informations?

9 ELRA Working Group "International Law (includ. European Community Law)"9 E) Foreclosure in Land Registry Procedures: a contribution to the EC Green Paper This suggestion is also in reference to the EC Green Paper about Efficiency of foreclosure, judicial decisions and transparency of debts, but should open a wider range. The Green Paper talks about creating a handbook about foreclosure, the EC thinks about that, so it may be very useful to Make an ELRA contribution, of course, from the point of view of the Land Registry. Some aspects: see suggestion D) plus general requirements of foreclosure regarding land registry matters- special requirements- aspects of judicial mortgages- which real rights are seizable- inscription- costs

10 ELRA Working Group "International Law (includ. European Community Law)"10 F) The global financial crisis and its effects on Land Registry Procedures Say goodby to billions of Euro! Time for lavar los platos !! National amendments of law with regard to the global financial crisis and with regard to Land Registry Procedures? Has your national mortgage law been amended due to the financial crisis? (Germany- Articl German Civil Code concerning time of payment and period of notice- now 6 months) Consumer protection in Land Registry procedures: more or less? Foreclosure aspects (refering the crisis and the Green Paper) Mortgages and limitation of liability (the collapse of the US model)

11 ELRA Working Group "International Law (includ. European Community Law)"11 G) Possible contributions of ELRA in relation to the European Judicial network ELRA is a part of the European Judicial network Meeting: May, 30th, 2008, in Brussels (Pepe joined it) Announced: 4 meetings per year What could ELRA do for the Judicial network, how could ELRA give input to this judicial forum; exchange of amendments of law? For instance: creating a network of legislative nature amoung European registrars in the application of foreign law

12 ELRA Working Group "International Law (includ. European Community Law)"12 H) Foreign documents in Land Registry Procedures What is the situation in the different systems concerning foreign documents? Apostille and legalization? Do you accept foreign documents of inheritance? What about conveyance: can a notary abroad make such a deed? Can ELRA establish a position?

13 ELRA Working Group "International Law (includ. European Community Law)"13 I) Interim provisions in Land Registry Procedures What is the situation in the different systems concerning interim provisions in Land Registry Procedures? In Germany: Artic. 18 GBO provides that the Land Registry issues an interim provision in case of a mistake in the application or in the deed Other countries reject the application without any interim provision Is this a problem of Art. 6 Human Rights Convention? This may also be a problem with regard to the scoreboards


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