Presentation on theme: "CRO(ss) B(order) E(lectronic) CO(nveyancing). ELRA develops draft of a Common Conveyancing Reference Framework for crossborder electronic conveyancing."— Presentation transcript:
CRO(ss) B(order) E(lectronic) CO(nveyancing)
ELRA develops draft of a Common Conveyancing Reference Framework for crossborder electronic conveyancing. The CCRF is a toolbox for conveyancers, registrars and other stakeholders who want to improve: faith of potential buyers in equal legal protection; efficiency and speed in the (computerized) processing of cross border transactions in land registries.
Respect for existing legislation No change in responsabilities of registrar/ conveyancer No change in conveyancing system
A toolbox with e-conveyancing solutions for different legislations Title system or deeds system. Contract of sale or contract of transfer Electronic registration, electronic lodging or electronic conveyancing Different system for verfying authenticity and authority Different protection against contradictory titles Conveyancer from common law system or Notarial system
Regulation (EC) 593/2008: Contract is governed by law chosen by the parties CROBECO approach
Contract of sale: Dutch law is applicable Non contractual obligations (Rome II) Contractual obligations (Rome I)
Example of contractual obligation Although the plot is located in a foreign country, buyer and seller agree that Dutch law is applicable to the contract and its implementation. (wanprestatie)
Example of non contractual obligation Seller has to inform buyer about foreign legislation that could obstruct rights the buyer reasonably could expect under Dutch law. On liabillity for violation of this duty Dutch law (including Title 6 of Book 3 Civil Code) is applicable. (onrechtmatige daad en culpa in contrahendo)
Pilot Netherlands Spain Collecting information
Deed sent to home country registrar with request to add advice on validity of contract
Dutch Registrar forwards deed and advice to Spanish colleague Pilot Netherlands/Spain
Respect for existing legislation
Second pilot Pilot Netherlands/Portugal
CROBECO partners Persons or organizations, who improve trust of a foreign buyers because of: -Contract in language of foreign buyer -Legislation of home country foreign buyer applicable to contract -Processing contract from home country foreign buyer
CROBECO partners CROBECO partners can be: -Real estate agents -Mortgage banks -conveyancers Will be listed on CROBECO part of ELRA website.
How to get listed as a CROBECO partner Sent a request in English to ELRA.EU In the request should be: -description of the plot and the identification of the plot in the Land register -the title of and the acquiring by the seller (for a start no inheritence) -the supposed date of transfer -whether a mortgage deed will be sent or not
How to get listed as a CROBECO partner The answer will contain : -form for demanding foreign tax id -information that is necessary for collecting information from foreign land register (in Spain username/password of FLOTI, in Portugal enter ) - software to realise the in the foreign country demanded format and signature
How to get listed as CROBECO partner Before sending the final document, first as a test: -a draft of the deed (with translation) and all the demanded annexes have to be sent tot CROBECO helpdesk at least one week before the planned date of transfer; - after final succesfull registration, the notary will be listed on the CROBECO website as a CROBECO notary.
Follow up May General Assemble of ELRA approving the draft of the CCRF; Start of communication June/Oct 2011 CCRF Other stakeholders are informed and asked to comment June/ Oct 2011 research CROBECO/ ELRA electronic communication platform Nov 2011 Second CROBECO conference in Tallinn (Estonia) 2012 Third CROBECO conference in Brussels. Accepting: - final version of CCRF; - Electronic communication platform