Closest equivalent rights and adaptation

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1. What are the main rights in rem arising from successions in your system?M?

Ownership is the main right. Other rights are usufruct, building right and leasehold rights.

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?

This is still part of discussion at the moment. We think of the possibility to apply the principle of adaptation as broad as possible. This can mean that with some unknown foreign rights we have to ask for a legal opinion from a legal expert (of the foreign jurisdiction), about the specific elements of the rights concerned.

We think that article 31 obliges us to use the adaptation principle and register the closest equivalent right in the Cadastre. However in all cases we think of putting a notice at the rights that it was originally a foreign right which is adapted according to article 31. In the Dutch situation (negative system) this seems to be a good possibility.

  • 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?
    We do follow the ruling in the kubicka case (c-218/16) and register the foreign right in rem (we have had cases where a belgian usufruct is registered, despite the fact that in the netherlands it is mandatory to vest a usufruct in a separate notarial deed, despite the fact such a right is mentioned in a (national) certificate of succession).

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