Law amending the code of civil procedure, the law on amendments to the law on land registration and various other laws as well as the law on the amendment of søloven and various other laws
(Some changes in connection with the transition to digital registration)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
The law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1069 of 6. November 2008, as amended most recently by § 2 of the law No. 319 of 28. April 2009, is amended as follows:
1. In section 488, paragraph 2, the following is inserted as a 3. item:
» By digital mortgages, there is or has been registered in the ship register or fancy things or in the Danish International ship register, the application must instead contain a precise reference to the document in the land register, bilbogen, book, person, paper, housing the ship register or the Danish International ship register. '
2. In section 581 is inserted as paragraph 2: ' (2). Is a digital mortgage letter was deleted in the land register pursuant to paragraph 1, the Commission may, in accordance with the information contained in the land register has the right to make any personal claims for mortgage letter invoked against the debtor, demand that land registration law converts the digital mortgage letter to a paper document. Paper document is to consider as an original instrument of debt. '
In Act No. 539 of 8. June 2006 amending the law on land registration and various other laws. (Digital registration) shall be amended as follows:
1. section 3, nr. 2, is repealed.
2. In article 13, paragraph 2, the following is inserted as a 2. paragraph: ' the Minister of Justice may also decide to land registration Act § 49 d as amended by this Act, section 1, no. 80, will enter into force at a different time than the other parts of the law. '
3. section 15, paragraph 3 is replaced by the following: ' (3). New rights of or changes in a prior to the entry into force of the Act on things like mortgage letter must be registered in order to obtain protection against agreements on mortgage letter and against prosecution. This is also true for the assignment or other transfer of mortgage letter. By registration must mortgage letter converted to a digital secured mail. The agreement or legal proceedings, there must be able to displace an unregistered pledge will be right over mortgage letter, must even be things like the person acquiring the goods according to the agreement and be in good faith. '
4. section 15, paragraph 8 is replaced by the following: ' (8). New rights of or changes in a prior to the entry into force of the Act on things like pledge must be registered in order to obtain protection against agreements on mortgage letter and against agreements or legal proceedings against the mortgage. This is also true for the assignment or other transfer of rights over the pledge. By registration should the pledge be converted to a digital pledge. Land Registration Act § 1 (a) as amended by this Act, section 1, no. 2, shall apply. '
5. In paragraph 15 shall be inserted after paragraph 13 as new pieces: ' paragraph 14. Reviewers, which is authorized in accordance with the provisions of the land registration Act Chapter 7 b, may cancel the paper-based mortgages without prior conversion. The notifier must prior to cancellation check, that, in addition to the authority of the land registration system specifies that it is entitled to dispose of the right in question, also in the absence of consent to the cancellation from any other holders of current protected rights.
Paragraph 15. If in connection with cancellation of mortgage letter under paragraph 14 going on registration of a corresponding digital mortgage letter, triggers the digital registration of the mortgage not land registration tax letter. Tax freedom requires notification to the registration of the new mortgage letter is received not later than at the same time, with the cancellation of the former mortgage letter and not later than 5 years after the entry into force of the law. '
Paragraphs 14 and 15 will be hereafter referred to paragraphs 16 and 17.
In Act No. 526 by 7. June 2006 amending søloven and various other laws. (Digital ship registration, mortgage, attachment, etc. in fishing rights, distribution of and concerning ships ' home) is amended as follows:
1. section 3, nr. 1 and 2, is repealed.
(1). The Minister of Justice may provide in connection with the transition to digital registration cannot be notified documents for registration in a specified period, not exceeding 3 weeks.
(2). Documents, as notified to the registration within the pursuant to paragraph 1 shall close the period, shall be rejected.
(3). Shall be determined in accordance with section 13, paragraph 2, 1. point of law No. 539 of 8. June 2006 different commencement dates for the land register, bilbogen, housing the book and personal book, the Minister may set different shutdown periods as referred to in paragraph 1 in the case of registration in each of the books.
The law shall enter into force on the 1. July 2009.
The law does not apply to the Faroe Islands and Greenland.
Given at Christiansborg Palace, on 12. June 2009 Under Our Royal hand and Seal MARGRETHE r./Brian Mikkelsen