elra working group international law (incl. europeancommunity law)

ELRA Working group„International law (incl. EuropeanCommunity Law)“

ELRA Working Group "International Law (includ. European Community Law)"

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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


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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 e-mail first then transfer it onto the new website when it is ready to

go “live” see e-mails from the ELRA Board of Directors from 4th

of September


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Survey about the Suggestions

A) Real Estate Investment Trusts in our member countriesB) The legal role of Trusts in Land Registry systemsC) The ECJ´ decision from October 2007 concerning Al-Quaida-Network

and land registry mattersD) 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 PaperF) The global financial crisis and its effects on Land Registry ProceduresG) Possible contributions of ELRA in relation to the European Judicial

Network (creation of a special network)H) Foreign documents in Land Registry ProceduresI) Interim provisions in Land Registry Procedures


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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


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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?


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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 www.un.org,

the documents of the Security Council 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!


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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?


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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 toMake an ELRA contribution, of course, from the point of view of theLand Registry.Some aspects: see suggestion D) plus general requirements of foreclosure regarding land registrymatters- special requirements- aspects of judicial mortgages-which real rights are seizable- inscription- costs


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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. 1193 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)


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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


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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?


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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

elra working group international law (incl. europeancommunity law)

Documents