Cutting Edge Law Practices Electronic & Cross Border Conveyancing Techniques
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Electronic & Cross- border conveyancing techniques – Cutting edge law practices –
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This paper first gives a small comparison and description of the characteristics of an average lawyer, followed by an introduction to a Cross border econveyancing project, called Crobeco. The project members gained much practical experience during the project. Next to the practical approach based on ‘the three respects of Crobeco’, the legal meanings and regulations are outlined. In addition, the issues that the project partners met and had to solve are part of this paper. Respect for existing techniques is one part of the all-embracing respect for existing circumstances. In the Netherlands we found a way to process property deeds fully electronically without loosing responsibilities on either side. This method of processing deeds is part of the Cadastre`s Chain integration program. The main goal of this program is to lower administrative burden, enhance quality of data input into the Cadastre registration system and fasten the process of conveyancing. The acceptance of this program partly depends on the practical interpretation and procedure in order to stimulate progress. Perhaps this approach is helpful because of the characteristics of lawyers.
Transcript of Cutting Edge Law Practices Electronic & Cross Border Conveyancing Techniques
LAWYER:
• Oath
• Protect clients against risks• No new technologies/ cautious
LAWYER:
• Legal conception as determined by law• Stick to their own legal system• Harmonization & Globalization
Become inventive solution-thinkers
Why?ICT as interesting as hugely important
Kroes (Poznan, November 17, 2011)
“The European Council has underlined how much a Digital Single Market matters to Europe`s future growth.
They highlighted in particular the Cross Border use of online services”
‘Ancient’ conveyancing process
Preparations Draft & Execute Transport
ProcessingFeedback Registration
CROBECO conveyancing process
Preparations Draft & Execute Transport
ProcessingFeedback Registration
European Regulations
Preparations Draft & Execute Transport
ProcessingFeedback Registration
ROME I
ROME II
BRUSSELS I
Choice legislation for contractual obligations
Choice legislation for non-contractual obligations
Choice legislation for Jurisdiction of Courts
CROBECO options
Preparations Draft & Execute Transport
ProcessingFeedback Registration
Advice by ‘sending’ registrarBi-lingual deed
CROBECO: Respects for...
• Existing legislation – Different protection against contradictory titles
• Existing techniques– eLodging // eRegistration // eConveyancing
• Existing responsibilities– Title system < > deeds system
Semi-title system
No guarantee on title But reliable because of cooperation
Registrar checks for registration requirements
and informs Notary in case of defective deed
No complete registration of rights But meaning of Cad. reg. is growingand protection of 3th parties in faith
No financial guarantees But liability Notary & Registrar
Fast registration
The Dutch legal system
Towards automated processing
Electronic registration (XML)
Centralizing Land Register
Electronic recording of deeds
Computerizing Land Register
Computerizing the Cadastre registration
1984 1999 2005 2006 2012
Automated processing of deeds (NL)
• Respect for existing responsibilities
• Step By Step Approach
• No magic, just existing techniques (XML)
Basic Principles
• Notary stays responsible for content of the deed
• Registrar stays responsible for Cadastre registration
• Notary preserves editorial freedom
Data integration by using stylesheets
... without changing responsibilities
Kadaster-on-Line
Software notary
First part of the deed
Partly standardised documents
Stylesheet, computerised verified by Dutch registrar
Other conditions………………….………………….
Deed
.............................................. End of standardised part
1st part of the deed contains all essential data for Cadastre registration, e.g.: personal information about buyer, seller, object, purchase price, new easements or dissolving clauses
Editorial part with all other conditions and agreements, not to be registered
User agreement
• Meaning “end of part one”
• Declaration Notary: ‘no fact that belongs in the Cadastre Registration is mentioned in the 2nd part of the deed’
• If essential information is in the 2nd part, the Notary will be liable
Notary
Registrar
1234AB1234AB
XML
repository
conveyancing process
Preparations Draft & Execute Transport
ProcessingFeedback Registration
eConveyancing process
Preparations Draft & Execute Transport
ProcessingFeedback Registration
eConveyancing process
Preparations Draft & Execute Feedback
Grammar (1)
Today, the 17th of September 2012, appeared before me, mr. Norbert Anton Tinus Aris Ll.m., civil law notary , residing in Amsterdam:
Grammar (2)
Grammar (3)
Grammar (4)
Acceptance eConveyancing
