CROBECO (CROss Border Electronic Conveyancing) The project was awarded by a Grant within the Civil Justice specific program (JLS/2009/JCIV/AG/0002-30-CE-0349438/00-41)

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Presentation transcript:

CROBECO (CROss Border Electronic Conveyancing) The project was awarded by a Grant within the Civil Justice specific program (JLS/2009/JCIV/AG/ CE /00-41)

Project : CRoss Border Electronic COnveyancing Choice for legislation of home country of foreign buyer involving: -contractual obligations (Rome I, EC 593/2008) -non contractual obligations (Rome II, EC 864/2007) Choice for jurisdiction of home country courts (Brussels I, EC 44/2001) Contract of sale in home country language Contract of sale by home country conveyancer (only possible when submission of foreign deeds is allowed)

Difficulties/ solution Two laws are applicable: - obligations related to the transfer of property rights: law of foreign buyer; - property rights; law of country of the plot of land. Different systems of conveyance (deeds -, title -, common law systems). Different systems to identify plot of land in a contract: - land extends to previous surveyed (cadastral/taxes) boundary; - land extends to (physical) boundary as described in contract Different electronic system (electronic lodging, electronic registration, electronic conveyancing) Solution, we need: - foreign notaries public, who are specialized in cross border contracts; -tools to support foreign notaries public

Two projects CROBECO 1 ( ): described framework with tools for different systems CROBECO 2 ( ): develops and implements tools for Dutch/ English buyers of property rights in Spain/Portugal Probably extension to Lithuanian buyers

Tools to support foreign notaries public Helpdesk (ELRA) ELRN (ELRA) Repository (ELRA) Glossary (ELRA/EULIS) LINE (EULIS) Collect Land Registry information xX (Spain) Collect information from Cadastre x Collect information on public limitations x Tax formalities x Information about legal system xX ( Spain, basic info) Examples of clauses in contract that are accepted x Equivalent propertyrights X

In 2013 Conference with English notaries public in Croydon Registration of notaries public, who are willing to specialize (at the moment 10 Dutch and 6 English Notaries) May 2013, CROBECO conference Lisbon (Contract of sale Netherlands/Portugal) August 2013, sending CROBECO Contract of Sale England/Spain: December 2013: Implementing Helpdesk Spain, Repository Planning CROBECO 2

In 2014 Communication about availability of the new tools (improved website) Helpdesk Portugal Conference Barcelona in May Experience with tools Closing conference London

Repository Based on respect for existing legislation Text of demanded clause in receiving country can be different for each sending country because of different legislations in sending countries. For 28 ELRA members : - in theory1500 different clauses ?? - In practice less

Helpdesk systeem Netpro