Specific registrations

REGISTRATION OF SALES

1. Documents for sales. What type of documents does your LR system envisage for sales and carrying out their registration?

A notarial act (also a foreign notarial act) is necessary in order to enter the sale of an immovable property in the land register.

2. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books for sake of a sale or conveyance.

See answer 1 in section «Registration»

REGISTRATION OF MORTGAGES

1. Please, indicate what main legislation governs mortgages in your system.

Mortgage is governed by the Mortgage Act = the Land Registration Act (a chapter in the Civil Code).

2. In your LR system, is the registration of a mortgage constitutive?

The mortgage is only effective if it is inscribed in the land register: only an inscribed mortgage can be opposed to other creditors. This is not necessarily the same thing as ‘constitutive’.

3. Documents. What type of documents your LR system admits for establishing mortgages and carrying out their registration ?

A mortgage needs to be constituted by a notarial act.

4. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books.

Grosso modo, the following data are inscribed in the land register: (1) the property on which the mortgage rests; (2) the identity of the mortgagor and of the mortgagee; (3) the details of the secured debt (amount, interest rate and period).

5. Types of mortgages. If you believe it appropriate, indicate the kinds of mortgages which are relevant in your LR system.

The different kinds of mortgage don’t matter much for the Land Registrar: all mortgages are treated alike in the Land Registry.

6. Modifications. What does your legal system envisage about modifying mortgages? Do debtors have any legal possibility of negotiating newly the terms of the contract or any part of them?

A mortgage can be modified by a new agreement of the parties: the mortgage is a contract and the party autonomy rules.

REGISTRATION OF JUDICIARY CHARGES

Cf. the answers of the questionnaire leading to the first fact sheet.