CROBECO
(CROss Border Electronic Conveyancing)
Project : CRoss Border Electronic COnveyancing
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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)
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Choice for jurisdiction of home country courts (Brussels I, EC 44/2001)
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Contract of sale in home country language
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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 (2010- 2012):
described framework with tools for different systems
CROBECO 2 (2013-2014):
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 ELRN
(ELRA)
(ELRA)
Collect Land Registry information
x
Collect information from Cadastre
x
Collect information on public
limitations
x
Tax formalities
x
Information about legal system
Repository Glossary
LINE
(ELRA)
(ELRA/EULIS) (EULIS)
X (Spain)
x
X (Spain,
basic info)
Examples of clauses in contract that
are accepted
Equivalent propertyrights
x
X
Planning CROBECO 2
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
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
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Helpdesk systeem Netpro