1 land registrar’s status in europe 1. 2 general overview 25 elrn’s cp contributions - 23 ms...

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LAND REGISTRAR’S STATUS IN EUROPE

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GENERAL OVERVIEW

25 ELRN’s CP contributions - 23 MS

different organizations

different systems

different profiles

different aims

LAND REGISTRAR’s ENVIRONMENT

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Main institutions:

•Ministry of Justice, •Ministry of Finance, •Ministry of Agriculture,• Governmental Agencies

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Different kinds of LR systems:•title system•deed system•mixt - both title and deed system coexisting in the same area or sharing different areas of the same MS

LAND REGISTRAR’s ENVIRONMENT

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• Qualification required in all the cases.• Legal degree required in many cases.

LAND REGISTRAR’s ENVIRONMENT

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Can’t be appointed by the parties (except in Portugal)

LAND REGISTRAR’s ENVIRONMENT

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LAND REGISTRAR’s ENVIRONMENT

act under certain territorial jurisdiction (except Slovenia)

established in relation with administrative territory

established in relation with courts jurisdiction

substantive jurisdiction differ widely and is related to LR procedure and/or registration system

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LAND REGISTRAR’s ENVIRONMENT

ACT OF STATE?a confusing notion construed according to each domestic system

better expression: act of the State’s power?

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LAND REGISTRAR’s ENVIRONMENT

land registrar’s activity is regulated by different codes, regulations, statutes. Freedom of decision or independence is mentioned in 9 national statutes.

LR procedures - a wide range of definitions:

an administrative procedure

a judicial procedure

complex/undefined/hard to define/etc procedure

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LAND REGISTRAR’s ENVIRONMENT

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LAND REGISTRAR’s ENVIRONMENT

the outcome of land registrar’s work is a written decision

in all cases the way to claim against the land registrar’s decision is regulated

appeals addressed to the court

intermediary internal control of the decision before access to the court (5 of 20)

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LAND REGISTRAR’s ENVIRONMENT

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LAND REGISTRAR’s LIABILITY

except 1 (one) case, land registrar is liable for his/her decision

liability refers to: legality, completeness, correctness, compliance with deadlines

there are different degrees of liability

• exclusive institutional liability

• personal liability subsidiary to institutional liability

• personal liability

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LAND REGISTRAR’s LIABILITY

• civil and criminal liability applicable

• disciplinary sanctions

• entail of civil liability

• criminal liability

• liability degrees may depend on the good faith

• higher independence, higher liability

• it is deemed that legislation might be improved in some cases

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LAND REGISTRAR’s ENVIRONMENT

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RISKS

• “LESS KNOWLEDGE IS WORSE THAN NO KNOWLEDGE”

• INCONSISTENT PRACTICE

• confusing/misleading/inadequate legislation

• uncovered situations

• MISTAKES

• overloading

• too short deadlines

• confusing/misleading/inadequate legislation

• CORRUPTION, FRAUDS

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RISK IN CASE OF A MISTAKEN ENTRY

AVERAGE RISK

value differs in LR systems and other indicators

ACCORDING TO ANSWERS: 2.5 (??)

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LAND REGISTRAR’s PROFILE

• TO BE BUILD UPON:• EDUCATION

• STRONGPOINTS

• CONSTRAINT

• STATUS

• OTHER

LAND REGISTRAR's PROFILE

• Registrar is a National Authority appointed by the State• The registrar’s decisions are the expression of the

State’s power• Registrars operate a public interest activity and

they should benefit of stability in their appointment and professional integrity legal protection

• The registrar must be an expert in civil and property law.

• The land registrar's decision must be an independent decision.

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CONCLUSIONS

• Land registrar's profile should become a basis for developing national land registrars status

• All these accomplishments could entail a future study by combining the collected informations

• 7 CP's questions still not answered

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THANK YOU!mihai.taus@gmail.com

Romanian Land Registrar's Association

Brussels, 10.12.2013