Closest equivalent rights and adaptation
1. What are the main rights in rem arising from successions in your system?
In case of succession legatee/heir have full rights to obtain an ownership to a given property.
2. What would the role of your Land Register or registrars be in order to put in practice the principle of adaptation? What contributions could the Land Register make?
There wouldn‘t be any direct role in adapting this principle since for it to work properly in Latvia there would have to be a proper changes in legislation. Only after that can Land Registry judges use the principle of adaptation.
- Imagine you receive a request for the registration of a foreign European Certificate of Succession. It follows from this Certificate that one of the heirs is entitled to a right that is not part of your national numerus clausus. How do you approach this problem?
When examining a request for corroboration, a judge shall only ascertain the following:
1) that the request is in conformity with the set provisions.
2) that other already corroborated rights or another request for corroboration that arrived on the same day are not an obstacle to corroboration.
3) that the rights, the corroboration of which is requested, belong to the rights which are related to an immovable property.
4) that the documents upon which a request is grounded do not contain anything, which is obviously illegal.
5) whether a copy of the decision approved by the person directing the proceedings to impose an attachment on the property has not been received until the taking of a decision.
