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 ?

Registration is made based on the registration application. Notarized contract of transfer of immovable property ownership between the entitled person and the other party (a real right contract) must be added to the application (usually the application and the contract are in the same document). Data which allows the Registrar to chech payment of the state fee must be also presented.

If everything is in order with the documents submitted, the Registrar makes an entry in the Land Registry without an affirmative ruling and informs parties and notary about that.

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.

In case of registration of sales data of the new owner (name, personal or registration code) is entered in the register part. A copy of the real right contract is filed in the register file.

REGISTRATION OF MORTGAGES

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

Law of Property Act includes regulation about mortgages.

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

Real rights are created, amended and deleted by making a respective entry in the Land registry.

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

For registration of mortgage it is necessary to submit the following documents:

• Notarised real right contract.
• Registration application.
• Information which allows to verify payment of the state fee.

In case of judicial mortgage:

• Copy of court decision.
• Registration application.

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.

Information about the mortgage is entered in the fourth division of a land register part called Mortgages. That information consists of:

• Name and personal or registration code of the mortgagee.
• The monetary amount of a mortgage (the sum of the mortgage).
• Notations concerning a mortgage (e.g agreements about foreclosure).
• Amendments and deletions of entries specified above.

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

There are following mortgages:

• Mortgage.
• Judicial mortgage.
• Combined mortgage.
• Owner mortgage.

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?

For changing an entry real right contract must be submitted with registration application.

REGISTRATION OF JUDICIARY CHARGES

1. What kind of orders or judgments can create, modify or cancel an entry in your LR system ?

• Judicial orders of provisional measures to attach restrict disposition acts or freeze the assets of the debtor.
• Judicial decisions in foreclosure proceedings.
• Judicial decisions transferring the ownership or recognizing the property or other real rights on an immovable asset that can directly create, modify or cancel and entry in the land registry.
• Judicial decisions “ordering rectification of an entry in the Land Registry”
• Judicial decisions about insolvency of owners or holders of property rights or rights in rem.

2. What’s the kind of registrations or entries caused in registration books or land books by these judiciary orders or decisions?

• Temporary caveats or annotations (please, indicate deadlines as possible).
• Caveats or annotations indefinitely in force until a new decision.
• Common registrations whose content and duration depend on the decision of the Court.
• Mere notices or remarks that have no rank or cathegory of true encumbrance.
• Judiciary orders are not registered at all in Registration books or land books. They are in the scope of other Books or Registries.

3. In particular, are creditors-plaintiffs who demand payments of sums or money entitled to rely on the Courts and apply for annotations (caveats) or judiciary mortgages in order to attach debtors’ assets?

Yes.