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Published byBrian Carlson Modified over 10 years ago
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CRO(ss) B(order) E(lectronic) CO(nveyancing)
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ELRA develops draft on 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.
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Respect for existing legislation No change in responsabilities of registrar/ conveyancer No change in conveyancing system
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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
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Regulation (EC) 593/2008: Contract is governed by law chosen by the parties Pilot Netherlands/Spain
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E(uropean) L(and) R(egistrars) N(etwork) Provide information In cross border cases
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Pilot Netherlands Spain Collecting information
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Partly standardized documents for cross border e- conveyancing Agreement of sale Other conditions Deed....................... End of standardized part Validity of the agreement, according to home country law (Rome 1). Is judged by registrar from home country of buyer and by registrar of the real estate Only judged by registrar of real estate
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Deed sent to home country registrar with request to add advice on validity of contract
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Dutch Registrar forwards deed and advice to Spanish colleague Sending from Netherlands to Spain
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