CROBECO(CROss Border Electronic Conveyancing)

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 (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(ELRA)

ELRN(ELRA)

Repository(ELRA)

Glossary(ELRA/EULIS)

LINE(EULIS)

Collect Land Registry information x X (Spain)

Collect information from Cadastre x

Collect information on public limitations

x

Tax formalities x

Information about legal system x X (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