REGISTRATION OF SALES
1. Documents for sales. What type of documents does your LR system envisage for sales and carrying out their registration ?
Public document is necessary for registration.
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.
Some circumstances, like name and surname of the new owner and a reference to the deed. A copy of the deed is collected too.
REGISTRATION OF MORTGAGES
1. Please, indicate what main legislation governs mortgages in your system.
Law on enforcement proceedings and law on obligation.
2. In your LR system, is the registration of a mortgage constitutive?
In your LR system, is the registration of a mortgage constitutive?
Yes. It is.
3. Documents. What type of documents your LR system admits for establishing mortgages and carrying out their registration ?
Documents. Only authentic Instrument issued by notary
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.
Nature or basis of obligation ensured (loan, credit line and so on).
5. Types of mortgages. If you believe it appropriate, indicate the kinds of mortgages which are relevant in your LR system.
Law mortgages and contractual mortgages
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?
Modifications are carried out by new agreements (or by judgments between creditors and debtors).
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
Deadline: Until case has been resolved before court
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, they are.