REGISTRATION OF SALES
1. Documents for sales. What type of documents does your LR system envisage for sales and carrying out their registration ?
The contract of sale: authentic acts are not necessary and it is also not obliged to register them in the L.R.
To transfer the title not only the contract of sale, but also the contract of transfer is needed. For transferring ownership but also for establishing property rights authentic acts are obliged and registering them is obliged.
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.
Several circumstances (name, adress, owner/ purchase sum / reference to the deed). A copy of the deed is also collected.
REGISTRATION OF MORTGAGES
1. Please, indicate what main legislation governs mortgages in your system.
Civil code 3rd Book.
2. In your LR system, is the registration of a mortgage constitutive?
The registration of mortgages is constitutive
3. Documents. What type of documents your LR system admits for establishing mortgages and carrying out their registration ?
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
Sum of money guaranteed or maximum guaranteed collected overall in a sole figure or debt, without itemizing main sum of obligation or loan, interests and other items guaranteed by the contract.
5. Types of mortgages. If you believe it appropriate, indicate the kinds of mortgages which are relevant in your LR system.
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 the
Debtors have no legal possibility to negotiate newly the terms of the contract. Of course they can try to convince the bank, but it’s up to the bank to decide whether they want to change the terms of the contract.
REGISTRATION OF JUDICIARY CHARGES
1. What kind of orders or judgments can create, modify or cancel an entry in your LR system ?
Judicial decisions about insolvency of owners or holders of property rights or rights in rem. But also juridical decisions about the boundaries of the property, about the legal situation of the property, ownership and property rights.
2. What’s the kind of registrations or entries caused in registration books or land books by these judiciary orders or decisions?
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?