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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The right to property is obtained by trade, exchange, gift or other disposal, as provided for in this Act. The amount of the property on the basis of succession, wills, purchase, redemption and other non-donation real estate shall be provided separately.
The provisions on the disposal of the property shall also apply to the transfer of the quantity and volume of the property and the common area of the property and its destination and of the common area.
The sale of the property shall be made in writing. The seller and the buyer or their ombudsman shall sign the deed. The transaction shall establish trade in the presence of all signatories of the commercial book.
The sale of the property may also be made electronically in the trading platform referred to in Chapter 5, Section 3. The seller and the buyer or their ombudsman shall approve the electronic bill of sale in the same content as provided for in Chapter 9a.
The trade book shall indicate:
1) the purpose of assignment;
(2) give up the property;
3) the seller and the buyer;
4) the purchase price and other consideration.
Trade is not binding unless it has been done as provided for in this Article. If the seller and the buyer have agreed on the higher selling price or any other consideration entered in the deed, the seller has no right to be recovered more than what is indicated in the bill.
The trade book may agree that the sale may be terminated by something other than that provided for by this law, or that the seller reserves the right to property until the purchase price has been paid or the other condition has been fulfilled.
The condition referred to in paragraph 1 shall not be binding unless it has been entered in the commercial book and in so far as it has been agreed for a longer period of five years from the trade date. If the period of validity of the condition is not included in the deed, it shall be valid for five years. The restitution of the property to the seller shall be instituted within three months of the expiry of the condition.
The authorisation of the sale of the property shall be made in writing. The proxy shall be signed by the seller and shall be shown by the agent and the property sold.
In the electronic trading system, an agent may act on behalf of the seller or buyer on the basis of an electronic proxy issued in accordance with Chapter 9a, showing the elements mentioned in paragraph 1. The client may also operate in the trading system on the basis of a mandate provided for in Article 1 (3) of Chapter 9a. (04.02.2012)
If the sale of the property has been made on behalf of a public limited liability company and the liability for trade has not been transferred within two years from the date of the sale to the company or for the establishment of the company, it shall be deemed to have been sold on behalf of the company.
The seller loses the company law (624/2006) in Chapter 2, Article 11 , unless the application has been initiated within two years of the date of trade. (21.7.2006/632)
The contract for the sale of the property to the seller or the property shall be returned to the seller as provided for in Articles 1 and 3.
The trade amplifier and the functions of the trading partner shall be regulated separately.
The parties may agree on a trade in real estate by means of a preliminary agreement. The eea Agreement may agree that it is binding only on the other party.
The eea Agreement shall be concluded in the manner provided for in Articles 1 and 3 and shall, mutatis mutandis, be in force on the trade in real estate. The contract shall also specify the date on which the trade in the property is to be carried out at the latest and the conditions under which the transaction is to be made. However, the purchase price and other consideration may be submitted subsequently in accordance with the criteria set out in the prospectus. If the duration of the contract is not fixed, it shall be valid for five years from the date of the agreement.
The party shall be entitled, within the time limit referred to in Article 2 (2), to require the other party to conclude trade in the property in accordance with the conditions laid down in the prospectuses. In addition, the party shall be entitled to compensation for the damage caused by the infringement. If the property is contrary to any other contract, the purchaser referred to in the prospectus shall be entitled to compensation from the seller by accident.
If the parties have agreed to make a trade in the property, but the contract has not been concluded in the manner provided for in Article 7 (2), the Party which refused to do so shall be reimbursed to the other party for the notification, access to the property and Reasonable costs incurred in connection with other trade-related activities. If the deposit has been given, the party shall return the part which exceeds the above costs.
Unless otherwise provided below, the seller and the buyer shall fulfil their obligations under the Agreement.
The agreement may derogate from the rights and obligations of the seller or buyer under this law. The rights under Articles 17 to 34 of the purchaser may be restricted only by an adjustment of the way in which his or her status differs from the law.
If the buyer has acquired a property as a residence or recreation residence for himself or his/her family members from a trader who professionally builds or sells real estate:
(1) the contractual condition, which derogates from Articles 17 to 34, to the detriment of the buyer, is not binding;
(2) the seller cannot invoke the period laid down in Article 25 (2) within which the notification of the error must be made at the latest;
(3) the seller is required to reimburse the cost of repairing the contractual infringement and the other necessary costs, as well as the costs of the measures taken, even if it is a secret error within the meaning of Article 17 (1) (5); Or even if the vendor can demonstrate that he has acted carefully; and
(4) the liability of the purchaser may be mediated if the late payment has been due to the payment difficulties which the purchaser, due to illness, unemployment or other particular circumstances, has had to face.
Unless otherwise provided, the property trade shall not be binding:
(1) the condition that the seller or any other person has the right to redeem the property, or that the buyer has the obligation to provide the property to the seller or someone else before he is handed over to the new owner;
(2) a condition which limits the purchaser's right to relinquate the property, to settle the property, to agree on the establishment of a rental right or any other special right to property, or, in any other way, in a manner comparable to that of the property;
(3) a condition which limits the liability of the seller or his predecessor for the liability of the saannon; and
(4) a condition which limits the personal freedom of the buyer or which is otherwise unsuitable or which is unlawful.
Notwithstanding paragraph 1 (2), a condition may be agreed that the buyer shall not obtain the seller's consent to dispose of the property in the form of a further price higher than the purchase price. Such a condition is not binding unless it is included in the trade book. The period of validity shall be valid, as provided for in Article 2 (2).
Article 36 of the law on property law is governed by Article 36 of the law on property law.
If the date of delivery has not been agreed, the purchaser shall have the right to gain control of the property immediately after the sale. The property shall be handed over to the buyer in such a condition as to be considered as agreed in the transaction.
The seller shall provide the purchaser with the property access records which are necessary to obtain the loan. The same applies to the deposit books, leases and other comparable documents which are necessary for the buyer as owner of the property.
The proceeds from the property before the agreed date of transfer of control belongs to the seller. However, the seller is not allowed to beat up the forest or to take land for purposes other than the domestic use of the property sold or to establish special rights for the property.
The purchaser shall not be legally liable for the property in such a way that the rights of the seller under paragraph 1 or of the agreed rights are prevented.
After the sale, the buyer may use the property and legally lay down the property and dispose of his or her rights, even if the ownership or transfer of ownership is conditional.
However, before the final transfer of ownership, the buyer does not obtain the seller's consent to beat the forest or take the land or any other property in such a way that the value of the property is significantly reduced. The seller without the consent of the seller without the consent of the seller or the special right shall not be bound by the seller unless the property is definitively transferred to the purchaser. (23/03/2013)
The seller is responsible for the payment to be paid or comparable to the payment of the public legal or public legal order for the property before the sale of the goods.
The transfer tax on real estate transactions corresponds to the buyer. (29.11.1996/97)
The buyer shall be liable for any damage caused after the sale of the property due to an independent cause of fire, storm, damage or any other seller, even if the property has been left under the control of the seller or the retention of the property, or The transition is conditioned by the trade book.
There is a quality error in the property if:
(1) the property has no characteristics as agreed;
(2) prior to trade, the vendor has provided the buyer with incorrect or misleading information on the area of the property, the condition of the buildings or the construction or other property quality characteristics and the information provided may be presumed to: Has affected trade;
(3) prior to trade, the vendor has failed to notify the purchaser of any of the characteristics referred to in paragraph 2, which he knew or should have known, on the property or value of such a kind sold by a typical purchaser, and The omission may be presumed to have affected trade;
(4) prior to trade, the seller has failed to correct the buyer's misconception of any property property which affects the suitability of the property for its intended use; or
(5) the real estate, due to a secret error, differs significantly from the quality of the property sold, taking into account the commercial price and other circumstances, and rightly so.
On the basis of a defect, the buyer has the right to a price reduction or, if the defect is material, the right to land. In addition, on the basis of the error referred to in Article 1 (1) to (4), the buyer shall be entitled to compensation for damage.
There is a clerical error in the property if:
(1) prior to trade, the vendor has provided the buyer with incorrect or misleading information concerning the existing formula, the construction ban, the restriction on the supply or any other use or limitation of the property, and The information given may be presumed to have affected trade;
(2) prior to trade, the seller has provided incorrect or misleading information on the authorisation or decision of the authority for the use of the neighbouring authority, and the information given may be presumed to have affected trade;
(3) prior to trade, the vendor has failed to notify the purchaser of any of the decisions referred to in paragraph 1 or the authorisation referred to in paragraph 2, or of a decision which is typically influenced by a property such as: The use or the value and the default may be presumed to have affected trade;
(4) prior to trade, the seller has failed to correct the buyer's misconception of the decision referred to in paragraphs 1 and 2 or the comparison of a comparable situation which prevents the buyer from using or controlling the property intended to: Manner;
(5) there is no necessary authorisation for any building or property in the property; and
(6) a destination or destination cannot be governed by the Chapter 4 of Chapter 4 of the , the property or, when the quantity or destination is acquired for construction purposes, to be used as a building site.
On the basis of a defect, the buyer has the right to a price reduction or, if the defect is material, the right to land. In addition, the buyer is entitled to compensation for damage.
There is a legal error in the property if:
(1) the buyer may lose ownership of the property right to its rightful owner or may be declared ineffective at the request of any other than the seller;
(2) prior to trade, the vendor has provided the buyer with a false or misleading information on the duration of the loan, the lien on the property, rental right or any other right or building located on the property, The ownership and information of the device or other normal property belonging to the property can be presumed to have affected trade;
(3) prior to trade, the seller has failed to notify the information and omission referred to in paragraph 2 which may be presumed to have affected trade; and
(4) the buyer cannot obtain the state of the law because the seller's access books are incorrect or incomplete, or there is any other ambiguity in the seller's sacking.
The purchaser may also rely on a legal error when someone claims that he has the right under paragraph 1, and there are probable grounds for such a claim.
On the basis of a defect, the buyer has the right to a price reduction or, if the defect is material, the right to land. In addition, the buyer is entitled to compensation for damage.
Where a trader or other representative has acted on behalf of the seller, the seller shall also be responsible for the information he has provided and for the failure to provide information.
The liability of the real estate agent, as well as the information to be provided by the estate agent or the trader in the marketing of the property, shall be provided separately.
The impropriety of the property is determined by the nature of the property when the transaction is made. The seller is responsible for the error in the property, even if the error occurs later.
The buyer shall not rely on a defect which has been corrected by the seller before the property has been surrendered to the buyer.
The purchaser shall not be able to rely on a point which could have been detected during the verification of the property before the transaction. The buyer is not obliged, without particular reason, to verify the accuracy of the information provided by the seller's property and does not extend the verification to the facts which require technical or other abnormal measures.
The buyer shall not be allowed to rely on a point on which he/she must assume that the transaction was made.
The seller shall not be relieved of liability under paragraphs 1 and 2 if he has acted in an undignified and undignified manner or grossly negligent.
If, following the conclusion of the transaction, the seller has defaulted on the proper care of the property, whether or not the property has been adversely affected by the property, the purchaser is entitled to a price reduction or, if the property has been incurred The damage is essential, the right to dissolve. In addition, the buyer is entitled to compensation for damage.
If, after trading, the seller has been wrongfully set up by the seller or a special right, the property shall be subject to the provisions of paragraph 1.
If the seller does not fulfil the construction or other performance of the property trade, the buyer shall have the right to obtain a price reduction or, where the breach of contract is material for the whole of the transaction, the right to land the property. In addition, the buyer is entitled to compensation for damage.
The purchaser shall not rely on a defect unless he notifies the seller of the error and the requirements based on it within a reasonable period of time when he or she should have observed the error. The same applies if the buyer wishes to rely on the breach of contract referred to in Article 23 or 24.
If the buyer fails to inform the seller of a quality error or of a breach of contract within the meaning of Article 23 (1) or Article 24 within five years from the date on which the management of the property has been surrendered, he shall lose his right to invoke it.
The seller shall not be relieved of liability under paragraphs 1 or 2, if he has acted in an undignified and undignified manner or with serious negligence.
If the buyer has acquired a property as a residence or recreation residence for himself or members of his/her family, he shall be entitled to direct his claim based on the quality of the property instead of the seller:
(1) a professional in a professional capacity building or selling a property which has delivered the property for that purpose to the seller or his predecessor; or
(2) the supplier of house elements, the contractor or any other trader, which is a contract or Consumer protection chapter 9 To the seller or to his predecessor, according to the provisions.
By virtue of this Article, the trader shall be responsible only for an error on which he would have been responsible for his own party, and not more than the amount he would have been obliged to pay. The trader shall be relieved of any liability if an error has been paid to the previous owner of the property or, in the event of a failure to lodge a complaint, has lost his right to make an appeal.
The buyer shall inform the trader of the error he has identified and his request. The notification shall be valid, as provided for in Article 25 (1) and (3).
If the seller does not hand over the management of the property at the agreed date, the buyer shall have the right to demand compliance with the contract or, if the delay is material and the buyer does not accept the property, the transaction. In addition, the buyer is entitled to compensation for damage.
If the seller surrenders the documents referred to in Article 12 (2) at the time agreed to the buyer, the provisions of paragraph 1 shall apply.
If, at the agreed time, the buyer does not pay the purchase price or the part thereof, or any other consideration that has been agreed, the seller shall have the right to demand that the contract be fulfilled and, in addition, compensation for the damage. If the delay is material and the buyer does not complete the purchase price, the vendor may terminate the transaction and claim damages, provided that, according to the commercial book, the payment of the purchase price is a condition of the holding or transfer of the property of the property.
If the purchaser's late payment is due to the legal provision of the law, the interruption of public transport or transport, or any other similar obstacle which the buyer cannot reasonably avoid, the seller does not have the right to compensation or to terminate the sale.
The seller's right to interest on late payment is provided for in the (263/82) .
Even if the purchase price or part of it is not yet due, the seller has the right to terminate the transaction if, according to the commercial book, the payment of the purchase price is a condition of the holding or transfer of the property rights of the property and if:
(1) the buyer has been declared bankrupt after the transaction;
(2) the buyer has been found invalidated after the sale has been made; or
3) it is otherwise apparent that the buyer will not fulfil its obligation to pay.
However, the seller shall not be allowed to trade if the non-payment price is not material, or if it is subject to an acceptable security within a reasonable time after the request for payment is made. If the transaction is terminated, the seller also has the right to compensation for damage.
If the buyer has a claim based on the seller's contractual infringement, the purchaser shall refrain from paying the purchase price for the equivalent of his claim.
If the seller has a buyer's contractual obligation, the seller has the right to refrain from the transfer of the property management. If the seller has retained the management of the property, he may continue to use the property as provided for in Article 13.
The price reduction shall be determined by deducting from the agreed trade price the value of the incorrect property at the time of trade. If the purchase price is lower or higher than the fair value of the contract, the price reduction shall take into account the ratio between the purchase price and the value of the property in accordance with the contract.
The seller must pay a price reduction for the return to the trade price Article 3 of the Corinth Act Interest pursuant to paragraph 2 from the date on which he received the purchase price.
The damages shall be fully compensated for the damage caused by the breach of contract.
If the seller indicates that a breach of a contract or a breach of contract within the meaning of Article 24 is not due to his negligence, the vendor shall not be obliged to pay damages.
Compensation may be settled if it is disproportionate taking into account the cause of the breach of the contract, the possibility for the person causing the damage to prevent injury and the contribution of the other party to the injury and other circumstances.
If the transaction is terminated, the buyer must surrender the property back to the seller and the seller must return the purchase price to the buyer.
If the buyer has received significant returns or benefits from the property, he shall pay compensation to the seller. The seller shall pay the purchaser reasonable compensation for the necessary costs incurred in the management of the property and the useful costs that have increased the value of the property. The seller shall pay the return to the trade price Article 3 of the Corinth Act Interest pursuant to paragraph 2 from the date on which he received the purchase price.
The purchaser shall have the right within a reasonable period of time to remove the buildings he has built and the equipment he has acquired, which is not necessary for the normal use of the property or which does not result in substantial removal from the property. Damage to the property.
The Contractor may refrain from his own return until one of the parties fulfils his or her obligations and shall pay the compensation and the interest which it is required to carry out, or lodge an acceptable security for them.
The buyer has the right to terminate the transaction only if he can return the property to the seller.
A purchaser who has set up a specific right to a property or whose value has been impaired by a measure or omission may only break down the trade if he pays the seller equivalent to a reduction in value. If the property is burdened by a lien established by the purchaser, the buyer may terminate the transaction only after having paid the seller what can be recovered under the lien on the property.
The transaction shall not be dismantled, unless the action brought against it has been brought within ten years of the transfer of the property management. The provisions of this Article shall not prevent the purchaser from invoking its rights if his recovery has been declared ineffective.
The right owner of the property may require the purchaser's recovery to be ineffective on the basis of the inaccuracy of the seller and the return of the property to its ownership.
Articles 4, 5, 9 and 10 of Chapter 13 are set out in paragraphs 4, 5, 9 and 10 of Chapter 13.
The purchaser, who has lost property as a result of the rainfall, has the right to direct his claim, instead of the seller, to the seller's predecessor, who, on the basis of the inaccuracy of the sawmill, has been declared ineffective. If, pursuant to Article 19 of Chapter 2, the buyer has allocated his/her claim to the seller, this is the equivalent right.
The buyer, who has lost property because of the rainfall, is entitled to keep the proceeds and benefits of the property if he did not know and should not have known that the seller was not the real owner of the property.
If the value of the property is reduced by a buyer's measure or negligence, he shall pay the compensation corresponding to the reduction in value to the rightful owner, unless payment of compensation is considered disproportionate to the circumstances.
The right owner shall pay a reasonable remuneration to the purchaser for the necessary costs incurred in the management of the property and, if the buyer did not know and did not know that the seller was not the correct owner of the property, Any useful costs that have increased the value of the property.
The purchaser shall have the right within a reasonable period of time to remove the buildings he has built and the equipment he has acquired, which is not necessary for the normal use of the property or which does not result in substantial removal from the property. Damage to the property.
The purchaser may keep the property under its control until the compensation referred to in paragraph 1 has been paid or the security lodged has been lodged.
Article 3 and Article 4 shall be instituted within two years from the date on which the management of the property has been returned to the rightful owner for the purposes of the application. The expiry of the time limit shall not prevent the imposition of a charge in the proceedings initiated by the other Party.
If the property is sold for two, the first recovery is permanent. The same applies to the permanence of trade and other crops. However, further trade remains permanent under the conditions laid down in Chapter 13, Section 3.
The seller's liability to the purchaser whose recovery is not retained shall be valid, as provided for in Section 19 of Chapter 2. The mutual liability of purchasers shall apply mutatis mutandis, as provided for in Articles 3 and 4.
A special right before the sale of the property, which may be entered in accordance with Chapter 14, Article 1, is binding on the purchaser of the property. However, the criteria for which the right does not remain binding on the purchaser are laid down in Chapter 13, Section 3.
Subject to the provisions of Chapter 13, Section 3, a special right after the sale of the property by the seller is not binding on the purchaser.
Unless otherwise provided, a special entitlement, other than those referred to in Article 1 of Chapter 14, established by a legal act of the property shall only be binding on the purchaser of the property if he knew the right to do so.
If the holder of a special right loses his right to trade in the property, he shall be entitled to compensation from the seller for the damage caused by the lapse of entitlement.
Where a special right is left to the purchaser, the buyer has the rights laid down in Articles 19 and 23 of Chapter 2.
The sale of the property is permanent, even if the seller has lost his right to dispose of the property by means of a forecluse, a security measure or bankruptcy, unless the restriction of power was entered in the register of loans and mortgages. And the buyer did not know, and he should not have known, that the seller no longer had the right to dispose of the property.
The provisions of Chapters 2 and 3 shall apply mutatis mutandis to the exchange of real estate.
The provisions of Chapter 2, Articles 1 to 7, Article 9 (1) and Article 11 and Chapter 3 of the sale of property shall apply mutatis mutandis to the gift of the property.
If the recipient is in breach of a gift-related provision or any other essential condition or condition, the donor has the right to dissolve the donation if the recipient has not transferred the property to another. The contribution of the contribution to the donation must be initiated within one year of the receipt of the gift from the donor base.
Articles 1 to 8, Article 9 (1) and Article 11 and Chapter 3 of Chapter 3 of Chapter 3 shall apply mutatis mutandis to the transfer of real estate to the company in exchange for the share or other part of the property, the contract for the distribution of the property owned or The transfer of ownership of the property by any other comparable legal action.
Articles 9 to 34, Chapter 3 and this Chapter of Chapter 2, concerning the supply of real estate, shall apply mutatis mutandis to the supply of temporary agency or other rights to use in the territory of another Member State, where there is or is The contract provides for the construction of a building or a fixed establishment or structure belonging to the rightholder.
The concession contract shall be made in writing and shall indicate the information referred to in Article 1 (3) of Chapter 2 if the transfer of the right is to be recorded. The extradition agreement may also be concluded by electronic means as provided for in Article 1 (2) of Chapter 2. (04.02.2012)
Extradition other than those referred to in paragraph 2 shall be made in writing at the request of the other Party. (04.02.2012)
For the purposes of this Act, the term 'registration' shall mean the recording of special rights as well as the mortgage.
The register shall be subject to a record of borrowing and mortgage lending.
The mortgage and mortgage register shall also include markings on other property rights and burdens on property.
The Authority shall act as a surveyor. (13.12.2012)
The matter shall be settled by a registration lawyer or other assigned to the Measurement Department in the service of the Measurement Department. If the matter of registration is wide, open to interpretation or otherwise difficult to resolve, the lawyer must resolve the matter. (13.12.2012)
A registration lawyer is required to have a higher education qualification in law.
Electronic information systems within the meaning of this Act shall be an electronic trading system and an electronic anchorage system.
The purpose of the trading scheme is to enable transactions in real estate and other transfers, as well as related documents, to be made available in electronic form and to promote electronic transactions in matters of recording. The purpose of the fixing system is to enable applications for mortgage and deposit and related documents to be made electronic and, in any case, to promote electronic communications in the field of recording.
The delivery systems are national and maintained by automated data processing. The surveyor is responsible for the maintenance and development of these systems.
The application for registration shall indicate:
1) real estate or other registration subject to which the application relates;
(2) the applicant's request or request and, where appropriate, its justification;
(3) the name and address of the applicant and the identification number, trade register number or other distinguishing sign; and
(4) the telephone number of the applicant, his legal representative or agent and the postal address to which the relevant declarations may be sent.
The application shall be made in writing and must be signed by the applicant or the applicant. The application shall be accompanied by the necessary documentation. The applicant may submit his application orally if it is clear from the documents presented and unless otherwise specified below.
The tax to be carried out when applying for registration is laid down in the (181/1996) . (247,2009/572)
The application shall be submitted or transmitted by post or sent to the registration authority.
Paragraph 2 has been repealed by L 13.12.2012 .
The file shall be initiated after the application has been submitted or submitted to the registration authority. (13.12.2012)
The application is received, even though it lacks an explanation of the tax paid. (29.11.1996/97)
An indication of the application to the exporter shall be entered in the register of loans and mortgages without delay.
The authority of the Registry shall, on its own initiative, provide an explanation of the facts necessary for the purpose of resolving such matters, for which the information is available from the borrowing and mortgage register or any other authority available to the registration authority. Of the registers.
If the application is incomplete, the applicant shall be instructed to supplement his application. The applicant shall be informed of the manner in which the application is incomplete, by which date the application must be completed and the consequences of non-compliance with the supplementary request. No further request shall be made if it is obvious that the application cannot be made on the basis of an application. If necessary, a further supplement may be given to the applicant.
The extension invitation shall also be provided if the application does not provide for information on the payment of the tax or on matters affecting the amount of the tax, or where the amount of the tax paid does not correspond to the information provided in the application. (29.11.1996/97)
If the applicant fails to comply with the request, the application is dismissed as inadmissible.
In order to clarify matters relating to the written right, the registration authority may reserve the opportunity for the applicant or any other person to make a written statement or to invite him, in person or in a period of time, to: To be heard by the Ombudsman. (247,2009/572)
If a claim for a second right to prevent registration is raised, or if the applicant's right has otherwise been challenged, the registration authority shall identify the person with the obligation to demonstrate, within the prescribed period. To refer the matter to the trial. The claim shall be made at the risk of otherwise being recorded and, at the risk of the applicant, that the application is dismissed as inadmissible.
The consent required for the registration shall be given orally or orally to the registration authority.
The holder of the right of the holder, who consents to the entry, shall produce a deposit. If the issuer of the agreement is entered in the loan and mortgage register as the holder of the deposit, the deposit shall not be required unless the registration authority so determines.
If the application is lodged in a resting place, the applicant shall be advised within the prescribed period to provide an explanation as to whether there is any further obstacle to the settlement of the settlement. No request shall be made if the applicant has requested that the case be deferred or if the request for a report is otherwise unnecessary. The provision of an invitation and the consequences of non-compliance shall be valid, as provided for in Article 5.
The registration authority may, on its own initiative, take a rest on the application lodged. However, the application shall not be rejected until the applicant has an opportunity to be heard.
The matter shall be settled without delay in accordance with the application, unless there is an obstacle to the recording. The legal point which arose after the application was made does not prevent the registration.
The decision to register shall be taken by marking the decision on the loan and mortgage register. The content of the solution is found in the register. If, contrary to the applicant's request, a decision is taken, a separate decision shall be taken. The same shall apply if the application is lodged in a resting place or a decision is taken on the case in question.
In the case of a letter of delivery, the applicant receives a certificate in the register of the final decision of the case or a separate decision.
The decision shall not be notified on a case which has been settled in accordance with the application and the other involved has not objected to it.
If, contrary to the applicant's request, the case has been resolved, the decision shall be notified to the applicant in accordance with the administrative law (2003) Provides for service. The same shall apply to any other participant, who has been consulted on the matter, unless the application is settled in accordance with the requirements set out by him.
Documents from the proceedings of the written procedure shall be set up in a file. Where the reasons for a solution are not sufficiently determined by a copy of a copy or any other material annexed to the file, the file shall be accompanied, where appropriate, by the reasons for the solution.
The notification to the registration authority and its handling shall apply mutatis mutandis to the application for registration.
The transmission of notifications from the automatic data processing to the information system of the loan and attachment registry shall be governed by the Regulation.
The court or tribunal shall inform the registration authority of a matter brought before the registration authority in respect of the demolition or incompetence of the property, or of a better right to property, and of its decision and whether the decision given by the Legal force. The same applies to the application for annulment or correction of a declaration.
Save as otherwise provided in this Act, the proceedings shall be governed by administrative law. (247,2009/572)
Where the registration authority has invited non-applicant to be heard, the hearing shall be entitled to receive compensation from State resources in accordance with the law on the cost of proof of State resources (666/82) Provides. The registration authority may oblige the applicant to pay the State the compensation which it has to pay if such consultation has been necessary in order to clarify the applicant's obligation to disclose.
Public access to documents is governed by the law of the public authorities (18/09/1999) . (247,2009/572)
Applications for registration, information on the processing of applications and the settlement of applications shall be entered in the loan and mortgage register.
The declaration of interest and the mortgage register shall also include information on the notification:
(1) foreclosing of the property;
2) the security measure and the bankruptcy of the property owner;
(3) the restriction of power within the meaning of Section 5 of Chapter 12;
(4) statutory lien;
(5) the deadline for the written deposit;
(6) the owner of the property outside the borrowing and the authority managing the property;
7. On property rights and burdens if they are notified to the registration authority under this or any other law, or if they are necessary for the purpose of the register.
In the case of a mortgage and mortgage register, the identity of the applicant or the rightholder shall be stored in the form of personal data identification and contact details as well as information on the person's time of death for the purpose of unambiguous identification of the data subjects. The register shall also be made subject to changes in these data. Personal data law shall apply to the processing of personal data of the mortgage and mortgage registry (523/1999) Unless otherwise provided for in this Act.
The information in the borrowing and mortgage register shall be kept permanently, unless otherwise specified by the law. If the records of the register have changed, the retention and availability of previous data shall be guaranteed separately by archiving or by any other means of information technology.
The purpose of the Loan and mortgage register is to:
(1) enable the recognition of property rights and burdens in order to strengthen the rights of rightholders and to safeguard the interests of the collateral;
(2) to promote the handling of registration cases;
(3) ensure that up-to-date information on rights and burdens is available for the preparation, conclusion and monitoring of legal action and projects on the property, as well as for judicial and administrative action.
The registry administrator of the borrowing and mortgage registry shall be a surveyor. (13.12.2012)
Notwithstanding the confidentiality of the information, the authority shall have the right to electronic means by electronic means, without prejudice to the confidentiality of the information, for the purposes of the review and updating of the records of the loan and of the mortgage register. Community:
(1) identification and contact details;
(2) information on operational, jurisdiction and representation, and information on their limitations and time of death.
The authority shall be entitled to the information referred to in paragraph 1:
1) the population information system;
2) from the Register of Holhouts;
(3) the case law of the courts;
(4) the exit register;
(5) the bankruptcy and corporate restructuring register;
(6) the business anchorage register;
(7) the corporate and community information system;
(8) trade register;
(9) registers of other Community and Foundations.
The information on the loan and the mortgage register shall be public. Recording authorities shall issue certificates on request from the register.
Without prejudice to Article 16 (3) of the Law on Public Administration of the Activities of the Authorities, the MTA shall disclose information on the loan and mortgage register, without prejudice to Article 16 (3) of this Chapter. In addition, the information provided by the Registry of the Court of Justice on the sale of the information and mortgage register shall be governed by the law on the real estate information system and the information service provided. (10/98) . (247,2009/572)
The content of the certificates issued and issued by the mortgage register and the right of a non-registration authority to issue them shall be laid down by a Council Regulation. The fees charged for certificates shall be laid down separately. (13.12.2012)
The entry register shall be deemed to have become available on the working day following the date of registration, and the protection of good faith may no longer be obtained, subject to Article 10 of Chapter 17.
Where the holding or use of a mortgage and a mortgage register is prevented otherwise than temporarily, the Earth Measurement Service may, by decision, extend the period referred to in paragraph 1 within which the marking and anchorages register shall be deemed to have become: The information concerned. (13.12.2012)
The person who has suffered material injury on the label of the mortgage and mortgage register, or the manifest error of writing or clerical error in the licence or certificate, of a technical failure or of any other Such an error or lack of conformity is the right to receive compensation from State resources.
If the cause of the injury is a known error in the borrowing and mortgage register, the damage shall not be replaced by this law. The damage caused by the impropriety of the immovable property register is replaced by the real estate registry. Where an authority other than a registration authority has issued an incorrect or incomplete certificate or a defect or a defect or a defect or a defect has not been the result of a defect in the register, the injury shall be replaced by the From public funds.
The substitution shall, where applicable, comply with the provisions of Sections 6 to 8 of Chapter 13.
The loan and mortgage register may include information on the transfer of the property and the rest of the assets prior to the application of the loan application.
On the basis of a defect or lack of information on the issue of the submission, the requirements for the holder of the register shall not be made.
The authority of the Registry may transfer to file information about a specific right and restriction which appears to have ceased, as well as an application for an rejected or inadmissible application and any other form of marking which apparently no longer exists. Effect. When transferring to the repository of the register, the registration authority shall, where appropriate, allow the rightholder in the register to be heard.
Paragraph 7 has been repealed by L 24.7.2009/572 .
Where the settlement of the settlement authority is clearly based on an incorrect or incomplete statement or a manifestly incorrect application of the law, the registration authority may remove the incorrect solution and resolve the case.
A mistake shall be made only if all those whose right to repair has been heard and those whose right to repair are impaired have given their consent.
If there is an obvious clerical error or a clerical error or any other defect or defect in the labelling of the loan and mortgage register, the registration authority shall make the necessary adjustments to the labelling.
Before correcting a mistake, the parties known to the authority which may be harmed by the correction shall be given an opportunity to be heard.
The correction of the error shall apply mutatis mutandis, as provided for in Section 9 of Chapter 6. If the correction is not immediately resolved, it shall be entered in the register.
Where an appeal has been lodged against a decision in the case of registration, the outcome of the correction shall be notified to the Court of Appeal and submitted to it.
The decision to reject an application for the correction of an error shall not be subject to appeal.
The correction of the error shall be made as soon as possible in the previous delivery book or a new delivery book instead. In addition, the registration authority shall endeavour to make corrections to the incorrect certificate issued from the register or to issue a new certificate.
An incorrect delivery book or certificate shall be submitted to the registration authority for the purpose of repair. The registration authority may oblige the holder of the document to fulfil his/her obligation and impose a periodic penalty payment. The matter of periodic penalty payments shall be subject to the application of the threat (1113/1990) . (247,2009/572)
An amendment to the final settlement in the case of the registration authority shall be sought by the choice of land law.
Paragraph 2 has been repealed by L 13.12.2012 .
When the file has been settled, in contrast to the applicant or any other interested party, the delivery note shall be accompanied by a written complaint.
The time limit for the appeal is 30 days from the date of the decision. The applicant shall submit a statement of appeal to the relevant country right at the latest on the day of the end of the period of appeal before the end of the period of office.
In addition to this law, the appeal shall be governed by Chapters 19 to 21 of the property formation law.
The appeal court shall immediately inform the registration authority of its decision and whether the decision given by it has obtained the legal force.
The registration authority shall, on its own initiative, refer the matter to the Court of Appeal, shall, where appropriate, re-examine the case and make the necessary entries in the loan and mortgage register.
The creation and adoption of electronic documents in the single market and the other use of the single system require the user to be reliably identified by the law on strong electronic identification and electronic signatures. (19/2009) By the provision of a strong electronic identification service provider by means of an identification process or by a quality certificate, or by other means of identification, which is safe and documented.
The Land Measurement Agency shall, after consulting the Ministry of Agriculture and Forestry and the Communications Office, approve the technical methods and services used for electronic identification. The surveyor shall ensure that information on the use of authorised methods is available free of charge through the general information network.
A proxy to be transmitted to the operator of the client system may be issued to another general authority on behalf of the authorising officer, or the right to use the system of affairs on behalf of the authorising officer without approval.
The surveyor shall ensure the integrity of the content of the electronic document stored in it and that the adoption of the electronic document shall be reconciled with the document entered in the system.
The processing of personal data stored in the electronic system shall be subject to personal data law, unless otherwise provided for in this Act. The controller for the purposes of the Personal Data Act is the Land Measurement Department.
The State shall be obliged to compensate for the damage caused by the incorrect or inadequate functioning of the system. However, in accordance with this law, the State is not liable for any damage caused by the fact that a legal action or an application has not been made in a single file or that the information transferred from the other register is incorrect or Incomplete.
In addition, the State is liable to compensate for the damage caused to the letter of the electronic document drawn up in the context of the single market or to the fact that the system has been unlawfully used by someone other than the Identified as the user.
The substitution shall, where applicable, comply with the provisions of Sections 6 to 8 of Chapter 13.
In the case system, the document shall be drawn up on an electronic form established by the Earth Measurement Institute.
The information entered in the form shall be reviewed and supplemented with information on the identification and contact details of the parties involved and information on operational capacity, competence and representation, as well as information on property and buildings, Which are electronically accessible from the borrowing and mortgage register, the property register, the population information system, the business and community information system, the trade register and other registers held in the Community and foundations. Without prejudice to the confidentiality of the information, the said information may be transferred to the transaction system by means of a technical service. The information will be deleted from the system after verification. Accordingly, the information may be transferred to the system for the completion of the form, subject to the provisions on the confidentiality of information.
The operator of the scheme shall have the right to check the information on the object of the transaction or mortgage on the loan and mortgage register and on the property register.
The information system data shall not be public. Information shall be disclosed only with the consent of the party involved, unless otherwise provided.
The information stored in the relevant system shall be deleted from the electronic document when the matter of registration has been settled, or when the draft of the document cannot be further processed due to cancellation or other reason.
The identification and contact details of the operator and other interested parties, as well as the identification of the case, shall be kept for the purposes of recording the proceedings and for the verification of data processing.
A decision, a certificate or other document issued by the authority which has been issued by the system of registration may be drawn up by electronic means. The document may be signed by the authority of the Registry.
The document may be communicated and any other notification in the procedure for recording may be communicated by electronic means or by indicating where the document can be retrieved.
The booklet may be formed in electronic form.
The trading system is an electronic system where the trade in real estate and other donations can be made by electronic means.
Trade cannot be made in the trading system if the draft commercial document does not meet the requirements of Article 1 of Chapter 2 or if, on the basis of the information available to the system, it would appear that it would not be valid or would not remain permanent.
The trading system may provide services related to the payment of the purchase price, the transfer of funds and the payment of transactions and application fees. The trading system shall also be open to undertakings for securities and shall transmit them to the mortgage system as set out below.
The draft electronic commercial document may be drawn up by the owner of the property which has been granted a loan for the sale of the property.
If, pursuant to Article 4 (4) of Chapter 11, the property right of the property is not registered as a loan, the draft electronic commercial document may be drawn up by the person listed in the loan and mortgage register as the owner of the property or the property management authority.
The seller shall indicate the particulars and other trade conditions required by the draft electronic commercial document and the draft approved. If the buyer wishes to make changes to the seller's draft commercial book, he shall approve the amended draft.
Trade arises when both parties have accepted the commercial book in the same content. Before that, the seller and the buyer are not tied to the draft or any changes to the draft.
The location of the sales volume may be shown by a drawing drawn up in the bill of sale drawn up on the basis of the electronic property register. Other electronic documents may also be included in the register.
The trade book may be accompanied by an undertaking by the holder of the lien on the trading platform that the lien on the subject of the transaction shall cease when the conditions laid down in the undertaking are met, or any other pledge or certificate relating to the security.
The trade book may or may be accompanied by a commitment entered into by means of an electronic deposit for the transfer of the deposit so that a new electronic deposit box may be initiated without a separate application when the sale Has a binding effect on the trading system.
A draft of a commercial document shall not be included in the trading system if, on the basis of the information available to the system, it is obvious that the draft trade book for the same property or other object is already under On the table.
The seller or buyer may, at any time, amend or revoke the draft of the deed, unless the other party is simultaneously dealing with the draft.
The draft of the trade book shall be deemed to have been withdrawn after 30 days since its last reading. (23/03/2013)
A loan claim shall be initiated without a different application when the transaction is binding on the trading platform. The electronic bill of sale and other trade-related documents shall be transmitted from the trading platform to the authority of registration.
Notice of initiation of a loan claim shall be communicated to the parties to the transaction. The notification shall also be sent to the other entities specified in the deed, provided that it can be transmitted as electronic communications. A copy of the electronic trade book shall be attached to the notification.
Information on the payment of the financial transaction tax shall be transmitted to the registration authority in the context of the trading system. If the purchase price is paid in the service provided under the trading system, the payment of the fee may be passed on to the registration authority at the request of the payer.
Once the transaction is concluded, the trading platform shall disclose the necessary information on trade to the holder of the property registry, the municipality, the population and the tax administration.
The provisions of this Chapter relating to the trading of real estate in the trading system and the loan rigging on the basis thereof shall also apply to the exchange, the gift and the other transfer referred to in Section 3 of Chapter 4. The same applies to the preliminary agreement referred to in Chapter 2, Article 7, however, so that the pre-contractual agreement is only made available in the loan and mortgage register.
The provisions of this Chapter shall also apply to the transfer of the right to access to a property for which the right to transfer is to be recorded. The donor may act as the person whose name is the last person to be registered. A case concerning the registration of a special right shall be initiated without a different application when the extradition agreement is binding on the trading system.
The electronic mandate for the sale of the property shall be given in accordance with the provisions of the draft of the deed, as appropriate. The withdrawal of the proxy shall apply mutatis mutandis to the provisions of Article 11 (2).
The attachment system shall be an electronic information system in which applications for the fixing of the mortgage and the holder of an electronic deposit and the declarations of the holder of the written deposit may be made by electronic means. In addition, the fact that applications for amendments to the mortgage and the declarations required in connection with mortgages can be made under the scheme are laid down by a decree of the Council.
An application or notification may not be made in the anchorage system if, on the basis of the information available to the system, it appears not to be possible to do so.
In the case of an affixing system, provision may be made for services related to payment and application fees.
The applicant shall indicate the information required by the form for the application form. The application shall be lodged after the applicant has accepted it in the anchorage system. An electronic attachment application and any other documents relating to the application shall be submitted to the registration authority.
The applicant shall be informed of the outcome of the application for attachment. The decision shall also be communicated to the person who is required to be registered as a holder of the deposit, if the information can be transmitted by electronic means to an application or otherwise indicated for that purpose.
Article 16 shall apply, mutatis mutandis, to an application for a new electronic deposit or to a change in the book on the holder of the deposit.
The applicant shall be informed of the outcome of the application. A decision on a new holder of an electronic deposit shall also be provided to the new holder and the beneficiary of the law, or to the holder of the right of use, if the information can be provided by electronic means in the application or otherwise for: To the indicated address.
Paragraphs 1 and 2 shall apply mutatis mutandis to the notification of the deletion of the entry concerning the holder or holder of the written deposit. However, information on the new holder must be provided to the person who has previously been designated as the holder of the written deposit.
The criteria for charging for the use of the system are laid down in the State payment law (150/1992) .
The decree of the Council of State may provide for more detailed provisions on the systems and their use.
The right to property shall be recognised by the granting of a loan.
The provisions on the law of the law also apply to the recording of the volume and volume of the property and the common area of buildings and of the common area of buildings and of the common regional share.
The contractual right to use a second-owned property shall be recognised as a specific right.
It can also be used to determine the property of the property used in the commercial activity of the property.
Each person shall be obliged to apply for a loan to the property or its destination or destination.
The application shall be lodged within six months of the adoption of a document on the basis of the transfer or other recovery, unless otherwise specified below.
If the ownership of the property has been acquired as an inheritance, the lawfulness time starts when the inheritance of the estate receives the force of the law. If the distribution of the estate is not provided for the purpose of obtaining the right to property, the period of validity shall start from the end of the typing period or, if the purchase is necessary for the separation of the property, when the purchase is acquired by the force.
The period of validity of the yield on the basis of the test shall start when the will is acquired by the legal force or when the inheritance or the dividend receives the force of the law if the division or purchase is necessary for the separation of the tested property.
In the case of the purchase of a property based on the purchase of the property of the spouses, the period of validity of the loan shall start from the receipt of the loan.
If the recovery is based on a real estate delivery, the quotation period starts when the delivery is entered in the real estate register. If the property has not previously been entered in the real estate register, the loan period starts to be marked. The loan guarantee period for a recovery based on the decision of the managing authority, other than that of the issuing authority, shall start from the date on which the decision is taken.
The outlet arc (19/07/2007) , the period of validity of the loan for free sales on the basis of free sales shall start from the date of the sale of the contract to the buyer. (247,2009/572)
The property rights of the State forest land, the protected area, the redemption unit, the area separated by the general needs, the separate water supply, the general water area and the general area shall not be recorded as an act of lawfulness. If such a property or a qualifying holding or destination is still handed over, a claim shall be sought.
If the owner of the property has not applied for a loan in the period provided for in Articles 1 to 3, the registration authority may require him to apply for the loan and to impose a periodic penalty payment. The issue of the periodic penalty payment shall be subject to the threat of threats.
The shareholders of the undivided estate shall jointly apply for a loan to the estate of the hive.
The owner of the property, who has previously been screened, may apply for a loan to clarify his legal status.
The registration authority shall, on its own initiative, transfer a loan to a qualifying holding or a qualifying holding to the immovable property that has been formed when the property is entered in the real estate register. The beneficiary of the loan shall be the beneficiary of the loan or the amount of the loan to which the loan was last granted.
The registration authority may also, on its own initiative, transfer a loan from the property to the new property created by the parcel, split or land measurement.
By letter of the Court of Justice, the registration authority is the new beneficiary of a loan which, according to the judgment of the Court, is the owner of the property.
An applicant for a loan shall present a report on the legality of its recovery. The application shall be accompanied by a copy of the document on the basis of which the recovery is based, or a copy certified by the trader or the accounting authority.
If the previous owner of the property is not registered as a beneficiary of a loan, a statement of the right to property shall be provided which would have been necessary for his recovery. If it has not been obliged to shout out its claim, the applicant shall provide the other necessary proof of the prior ownership of the property. The settlement of the property of the predecessor shall not be necessary if the property has been obtained by means of an auction in accordance with the outlet at the time of the exit, on the free sale or in the property delivery. (247,2009/572)
The application shall be suspended if the applicant could otherwise be granted a loan, but:
(1) the recovery or maintenance of a property is conditional on the contract or any other legal act;
(2) the legal act or decision of the Authority which is the basis for the recovery of the property has not become final, or the period laid down in the municipality's right of interest has not expired;
(3) the approval or decision of another person, the competent body of the Community or the court or other authority is required for the recovery of the property;
(4) the property is acquired on behalf of the company being set up;
(5) the property foreclosed or the security measure applied to it has been entered in the borrowing and mortgage register before the property is released;
(6) the registration authority has demonstrated the admissibility of the case or the applicant has been awarded an alert in order to obtain a loan; or
7) there is a dispute about the permanence of the claim or a better right to property.
If the application has been lodged in a resting place because of the condition of the extradition agreement and the explanation of the return to the property of the property has not been presented in the time for the lodging of the claim, the applicant shall be granted a loan. In the absence of a statement that the liability for the transfer of the property has been transferred to the established company within two years from the date of the conclusion of the contract, the loan shall be awarded to the contract for the account of the company to be set up.
An alert shall be issued to the applicant in order to obtain a loan guarantee if:
(1) the applicant does not submit a certified copy or a certified copy as referred to in Article 1 thereof, but it is likely that the recovery is lawful; or
(2) the applicant shows that, for the last 10 years, he or his predecessors have been the owner of the property and there is no reason to assume that someone else has a better right to property.
The registration authority shall, as a general service, as provided for in Article 62 of the Administrative Code, invite the person who considers himself to have a better right to property than the applicant, to present its request to the Authority for a period of six months. Of the publication of the alert in the Official Journal. The alert shall also provide information to known persons whose rights may be covered by the law. (247,2009/572)
If the claim has not been made or the action has not been brought within the prescribed period, the applicant may be granted a loan. The competent court and court agreement shall be governed by: In Chapter 10 of the Court of Justice . (247,2009/572)
The application shall be rejected if:
(1) no certified copy of the certificate or of a certified copy as referred to in Article 1 thereof has been presented;
(2) the certificate has not been drawn up in accordance with the law;
(3) the ownership of the property owner or other predecessor in the property has not been clarified;
(4) the applicant has not been granted the consent or decision of the other person, the competent body of the Community or the court or other authority;
(5) the right to property is returned to the transferor as a result of the dissolution or suspensory condition of the extradition contract, and the judgment or agreement of the parties is presented;
(6) the property belongs to the estate of bankruptcy and has been entered in the borrowing and mortgage register prior to the events of the harvest; or
(7) the applicant's recovery is not otherwise valid or does not appear to be permanent.
Where the right of use based on a law or testament, or the condition relating to the applicant, restricts the applicant's right to dispose of the property or to establish any special rights or rights attachments thereto, the current restriction shall be: In the case of a loan claim or otherwise on request, the entry in the registry of the loan and the mortgage register.
The registration authority shall provide the municipality's property registry administrator with information on the loan granted in the area of destination if the area of destination is located within the area covered by the property register kept by the municipality.
The error in the wording of the Book of Saadministration shall not be relied upon after the lodging of a loan or an application for a rest period has been granted on the basis of an acknowledgement of receipt.
Notwithstanding the decision of the loan, the question of ownership of the property and the validity of the recovery shall be subject to examination of the validity of the property in the case of legal proceedings or of the property delivery as provided for in the case.
If the property has been handed over to two, the subsequent recovery shall be given priority if the loan is claimed first and the transferee at the time of the recovery did not know and was not aware of the previous transfer. If a loan is claimed on the same day, priority shall be given to an early release.
If the application is not granted on the basis of an application, or if the excised recovery is declared invalid, or if the transferee is otherwise deprived of its acquired rights, priority shall be lost.
Paragraphs 1 and 2 shall apply mutatis mutandis to the effect of registration on the mutual interest of the assignment of the property and the specific right to it. Extradition or special entitlement shall, under the above conditions, also give priority to the prior condition of a property which is not based on a donation.
The yield on the basis of the surrender is permanent, even if the donor was not the right owner of the property due to the inaccuracy of his or her predecessor, if the donor had a loan at the time of the recovery of the property and not the transferor. And he wasn't supposed to know that the donor wasn't the real owner.
The special right or lien established in the real estate is binding, even if the founder of the property was not the correct owner of the property, if he had the right to borrow on the property and the right holder did not know and did not have the right to To know that the founder of the court was not the correct owner of the property.
Paragraphs 1 and 2 shall apply mutatis mutandis where the claimant's or entitlement to the right of the founder is ineffective vis-à-vis the right owner. What is provided for in this section of the loan bid shall also apply to the pending application for a loan on the basis of which the loan is granted.
The donor or the rightholder shall not obtain the protection referred to in Article 4 if:
(1) the deed of transfer of the right owner or any other acknowledgement of receipt, or the credentials of the representative who has acted on his behalf or any other document indicating the validity of the certificate;
(2) the transfer of the right owner is invalid on the grounds that he is required to do so within the meaning of Article 28 of the law on property law; or
(3) the originator of the property or the founder of the property or the prefect of this property shall be registered as a beneficiary of the law or if the quotation is not based on the decision of the registration authority.
The beneficiary of a property or a special right or lien on the basis of Article 4 shall be entitled to compensation for the damage suffered as a result of the State resources.
The transferor or the rightholder who loses the right to property on the basis of Article 5 shall have the right to compensation for the damage suffered as a result of the State resources.
If the injured party has not sought to record his or her own right, or without prejudice to the protection of his or her sincere mind or any other aspect of his or her rights, or otherwise has contributed to the damage, Compensation may be adjusted according to the fairness of the claim.
The right of the recipient, as referred to in Article 6, to obtain compensation under the contract or any other criterion, shall be transferred to the State in so far as it pays compensation.
The right to compensation referred to in paragraph 1 shall pass on the date on which the State has decided to pay compensation or the decision of the court becomes final. The State may refer the claim for a retroactive application to the same court where compensation is required.
The central government of the measuring body shall grant and execute the compensation and represent the State in the matter of compensation or the right of recourse. (247,2009/572)
The Court of Justice shall, acting on its own motion, inform the State when a dispute has arisen in respect of the property rights of the property and, under Article 6, the State may incur liability under Article 6.
The claim for compensation against the State shall be increased within two years from the date on which the court's decision on the right to property has been acquired by the court. The case shall be dealt with by the court in which the property is located.
Any person who has received a property as a succession of property, wills or a purchase or otherwise shall not be entitled to the protection of the legitimate faith referred to in Articles 3 and 4 to the former transferor of the property or to the rightholder, or Against the real owner of the property.
Persistency of the recovery-based yield Article 50 of Chapter 5 of the Expenses Act .
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 .
Anyone who has received a mortgage on the property and then has been the owner of the property for ten years has been able to control the property, must keep the property if he did not know and he did not know that the property had to be removed from the right owner. Unless the claim for a better right to property is initiated during this period, the right owner will lose the right to reclaim the property.
If, during the period referred to in paragraph 1, the property has been transferred to another person, the property may also rely on the lawfulness of its predecessors and the management of the property and the fact that he or one of his predecessors has been in good faith In mind.
A better law on the right to property can be initiated against the property of the property. If he has handed over the property before the commencement of the action, the transferee shall also be challenged before the court.
Paragraph 1 shall apply mutatis mutandis where the property is required for payment under a lien or directly under a provision of the law.
The following shall be obtained on the basis of a contract or other property, based on another legal action:
(1) rental right or other access;
(2) pension rights;
(3) the right of logging; and
(4) the right to take land or mineral mines or any other right of withdrawal comparable to those of the land.
Special entitlement shall not be recorded if it is permanent or valid for any property or territory, or if it has been established in a real estate or otherwise decided by an authority. Forest logging law shall not be valid for a maximum period of five years and shall not exceed 50 years from the date of establishment of the law and the right of access not exceeding the maximum period laid down by law.
The holder of a land lease and other temporary right of access to another country shall be obliged to apply for registration in the event of a transfer of the right to a third property owner without prior consultation of the property owner and where there is or is The contract provides for the construction of buildings or equipment belonging to the rightholder. The application shall be lodged when the right to use has been established or when the rightholder has been granted access on the basis of donation or other provision.
The deadline for applying for registration and the penalty payment shall apply mutatis mutandis, as provided for in Sections 1 to 6 of Chapter 11.
The book is obtained by mutual agreement between the property owners for the management of the property.
A right relating to a building, construction, machinery or appliance serving the purpose of a property, other than the property owner, may be recorded if:
(1) the object is constructed or imported on the basis of property retention or recovery conditions, or on the basis of a rental agreement or any other comparable contract; or
(2) the object has been surrendered to the right holder of the right to use the property.
The right to arrest or retake shall be recognised to be valid for a maximum period of five years from the conclusion of the contract.
In order to determine the ingredients and the needs of the property, a declaration by the owner of the property shall be recorded in respect of a machine or apparatus permanently based on the property of the property which he owns or subsequently received. Specified or specified in the notification:
1) is not part of the property, even if it should otherwise be considered as an ingredient or needs of the property; or
2) is part of the property, even if it should otherwise not be considered as an ingredient or a property of the property.
The recording may be directed at:
1) a common area of real estate or real estate, which is registered in the real estate register;
(2) the sector of destination, which has been quoted; or
3) the right to use referred to in Article 2, which is registered.
The provisions of this Chapter relating to the property, its owner and the loan awarded to him, shall apply mutatis mutandis to the other subject matter and to the founder and the Registrar of the Court of Justice. If a specific right is directed against a property outside the law, the title of the founder shall be replaced by another statement instead of a quote.
Recording of a special right shall be subject to the legal effects provided for in Articles 1 to 3 of Chapter 13.
If a number of special rights are established and cannot be implemented at the same time, the newly established right shall remain permanent, subject to Article 13 (3).
Articles 4 to 9 and 11 of Chapter 13 provide for legal effects, including the legal effects of a letter of access referred to in Article 2.
The legal effects of the letter of special entitlement shall start from the date on which the application for registration has been initiated. In the past, the written record shall take precedence over any subsequent registration or attachment. A special right has a better priority than a lien on a mortgage on the same day.
The entry referred to in Article 3, Article 4 (1) (2) and Article 5 shall be made only for the benefit of the best and shall not be subject to any subsequent change in the form of a letter other than that provided for in this paragraph.
The adjustment of preference shall be in force as provided for in Chapter 18, Section 1.
The registration may be sought by the holder of the right to register and the owner of the property.
The applicant shall present an agreement or other document on the establishment or transfer of the right to be registered.
As a condition for the entry referred to in Article 4, the owner of the property shall give his consent.
In accordance with Article 3, Article 4 (1) (2) and Article 5 (1), all the holders of the lien on the property shall give their consent to the conclusion of the entry and the modification of the order of precedence. However, the agreement referred to in Article 3 shall not be required if the effect of the change is limited.
If the property of the property owner is subject to a business mortgage, the entry referred to in Article 5 (2) shall be made only if all the holders of the business mortgage are given their consent.
An application shall be suspended if the right could otherwise be recorded, but:
(1) the founder of the law does not have a loan to the property;
(2) the establishment of a right under an agreement or any other legal act, or has not become final;
(3) the need for the consent or decision of another person, the competent body of the Community or the court or other authority;
(4) the property foreclor has been entered in the borrowing and mortgage register before the establishment of the law; or
(5) the registration authority has referred to the dispute in respect of a particular right in the proceedings or in the case of a dispute concerning the validity of a particular right or of the property rights of the property.
The application shall be rejected if:
(1) the right is not admissible;
(2) the document in which the right has been established or transferred has not been presented or is not carried out in accordance with the formal requirement laid down by law;
(3) the property rights of the founder of the property have not been cleared;
(4) the establishment of a right has not been given the consent or decision of any other person, the competent body of the Community or the court or other authority;
(5) the property belongs to the estate of bankruptcy and, prior to the establishment of a special right, has been entered in the register of loans and mortgages;
(6) a declaration of foreclition, security or bankruptcy has been entered in the borrowing and mortgage register before the application referred to in Article 4 or 5 has been initiated;
(7) Whereas a person other than the founder of a right has applied for a loan to the property before the registration of a specific right has been applied for and does not give consent to the registration; or
(8) the right to record is not otherwise validly established or the right does not appear to be permanent.
Where a specific right is recognised, it may be amended, transferred or ceased to be recorded in accordance with, where applicable, the provisions of special law.
The legal effects of the recording shall relate only to the amendment of a special right based on an agreement or a legal action only if the amendment is recorded.
If the registered special right has been agreed to be amended, and if the property has been applied for after registration, the amendment may be recorded if the rightholders whose status is diminished by the change, Give their consent. However, no consent is required if the effect of the change is limited.
The provisions of paragraph 1 shall also apply to the amendment of a written right to which a mortgage or another specific right is to be imposed.
The letter of special right shall be removed from the application of the rightholder or, if the duration of the contract in accordance with the contract has expired, at the initiative of the registration authority. However, the Registry shall not be deleted if the validity of the right has been extended or the right to the former rightholder has been reproduced immediately and an explanation of this is provided during the period of validity of the court.
A pension entitlement shall be removed at the initiative of the registration authority, after six months after the death of the rightholder, unless his right holder has indicated that he wishes to retain the record.
The registration referred to in Article 5 shall be removed from the declaration by the owner of the property where the holders of the lien or business mortgage holding who are in decline give their consent.
The letter of special entitlement shall not be deleted, even though the right has ceased to be terminated earlier than previously agreed by the Treaty or by other reasons, before the mortgages on it and the letters of special rights have been amortised.
Where a special right has been established, the application for the deletion of the registration shall be lodged and the registration authority shall inform the holder of the lien on the decision to leave. In the decision, the holder of the lien shall be shown to lodge a claim for payment within three months of the date of notification of the decision. If, within the time limit, the creditor is not required to pay the property and inform the registration authority, the attachment shall be extinguisher and the entry in the special court may be deleted.
The holder of the right of the holder who has applied for a payment to his claim shall be liable to the lessor after the date of notification of the decision referred to in paragraph 2, pending the transfer of the rental right.
The right to property may be set up in the property, its destination and its destination, as well as the right to land and other land use, as provided for in this Act.
The provisions on the affixing and deposit of the property shall also apply to the affixing and deposit of the quantity and the amount of the property.
The holding of a property right shall be established by means of the establishment of a property or other attachment to the object of the mortgage, and the surrender of a written deposit as proof of attachment to the creditor as a guarantee to the creditor or by electronic recording of the electronic deposit The creditor's name. (04.02.2012)
The right of property to be paid as collateral in a public or public legal order shall be set up by recording it in the borrowing and mortgage register.
The mortgage is fixed for the amount of the property, the quantity of the property owned and the amount of the property belonging to the property owner. The purpose of the mortgage is that its subject may be subject to a loan.
The property which is subject to the registered property right shall not strengthen the mortgage.
Two or more properties may only be fixed by a joint mortgage if they belong to the same owner or to the same owners, with equal shares of the same owners or equal to the same number of mortgages or to the same size and priority. Mortgages.
The fixed properties shall not be fixed for separate mortgages as long as they belong to the same owner.
The mortgage may be fixed on the entire property, even though it is owned by the order, unless the contract for the management of the property has been booked and unless a separate mortgage has previously been established.
The mortgage is to be applied by the owner of the property who has applied for a loan.
If the applicant has not been granted a loan auction, the mortgage shall be fixed only if his application for a loan has been lodged because of a dissolution or suspensory condition or because the property is acquired on behalf of the company to be set up, and the property The donor gives his consent to affixing.
The application shall be made in writing and shall be signed by the applicant. Where an application for a mortgage is made in the anchorage system referred to in Section 3 of Chapter 5, it shall be subject to the provisions of Chapter 9a.
The application shall indicate the subject-matter of the mortgage and the amount of the mortgage applied in Finland. If the application concerns the fixing of several mortgages on the same property, the application may provide for their mutual benefit order.
The application shall indicate whether the applicant wants the deposit in written or electronic form. The application may specify to whom the registration authority shall issue a written deposit instead of the applicant or who shall be recorded as the beneficiary of an electronic deposit. If the holder of the deposit has been notified in the application, the application shall not be amended or withdrawn without his consent.
The owner of the property may authorize an agent to apply for a mortgage. The property shall be signed by the owner of the property and shall indicate the agent, the object of the mortgage and the size of the mortgage.
In the case of a mortgage system, the agent may act on behalf of the owner of the property on the basis of an electronic proxy issued in accordance with Chapter 9a, indicating the elements mentioned in paragraph 1. The client may also operate in the anchorage system on the basis of a mandate provided for in Article 9 (1) (3).
Upon confirmation of the attachment, the applicant shall be given a written deposit as proof of the mortgage.
If an electronic deposit has been requested in the application, the loan guarantee and mortgage register shall be entered in the register of the absence of a written deposit on the basis of the attachment, and shall record the information on the time of the electronic deposit.
The application shall be suspended if the mortgage could otherwise be granted, but:
(1) the examination of the applicant's loan application is pending, and the donor of the property has not given its consent in the case referred to in Article 3 (2);
(2) there is a dispute about property ownership; or
(3) the property foreclor has been entered in the borrowing and mortgage register before the application for a mortgage application has been made.
The application shall be rejected if:
(1) the applicant is not the owner of the property or does not have a loan to the property and has not initiated an application for a loan;
(2) the application has not been made in accordance with the provisions;
(3) the attachment cannot be fixed to the target applied for;
(4) the applicant has been declared bankrupt and the mortgage and mortgage register has been entered in the register before the mortgage has been applied for a property belonging to a bankruptcy;
(5) the property shall not be fixed at the prevailing limit on the mortgage and mortgage register; or
(6) The application referred to in the application cannot be fixed for any other reason.
The legal effects of the fixed mortgage shall start from the date of the application for the application.
In the past, the application takes precedence over a fixed mortgage. On the same day, the mortgages shall have the same priority, unless the application is otherwise specified on the basis of the application.
The mortgage is valid until it is extinguisher. The mortgage decision may be terminated or declared void only if the applicant's access to the property in accordance with Article 5 (5) of Chapter 13 cannot remain permanent, or if the mortgage is based on a forged document or otherwise obtained Under the conditions referred to in that Article.
The beneficiary of an electronic deposit shall be entered in the loan and mortgage register on the basis of an application for a mortgage. If the holder of the deposit is not mentioned in the application, the electronic deposit shall be recorded in the applicant's name.
The new holder of the electronic deposit shall be recorded or the data relating to the beneficiary shall be changed to the application of the book. An electronic deposit shall be identified in the application and in the authorisation of an application, and shall, if applicable, be in force, as provided for in Articles 4 and 4a.
The loan and mortgage register shall also include information on whose control the written deposit is held. Where appropriate, the registration authority may require the notifier to present a deposit book.
The registration authority shall provide the holder of the written deposit with the prior information on the new holder, unless the notifier has submitted a deposit.
The authority responsible for the management of the deposit in writing shall be deleted from the notification of the written deposit.
After delivery of the property, the mortgages fixed to the number of the property or the sector shall be placed on the property which has been set up. If the attached part is included in a constructed real estate, the mortgage shall be attributed to the owner's share of this property.
The fixed affixing fixed to the property shall be fully applied to the properties created by the halving, parcels or land measurements. However, the affixation does not apply to the sector of destination or the property which was claimed before the mortgage application was applied for.
Where the property is composed of two or more properties, or where the destination is transferred from one property to another, the effects of expropriation and other properties of the property supply are laid down separately.
The owner of the property has the right to establish a lien on the property.
The property owner may authorise the Ombudsman to establish a lien. The property shall be signed by the owner of the property and shall indicate the name of the authorised representative and the deposit.
The right to property is acquired when the deposit is handed over to the creditor as collateral.
The electronic deposit shall be deemed to have been handed over to the person listed in the loan and mortgage register as a beneficiary of an electronic deposit. Extradition shall be deemed to have taken place at the time the application for registration of the holder of the electronic deposit has been initiated. The provisions of the transmission of the written deposit, concerning the recording of the holder of the electronic deposit, and the holder of the deposit, shall apply to the last recorded form of the electronic deposit. (04.02.2012)
Where a deposit book is a third person, a lien or an after-deposit right to the property shall be obtained after having received the information from the owner of the property, or when the holder has submitted a written certificate to the holder of the pledge. Where an application for a mortgage is provided for a deposit to be given to a designated creditor as collateral, the creditor shall obtain a lien on the application of the application, with legal effect starting when the mortgage is fixed. (04.02.2012)
If the deposit has been released as collateral for a later date, the creditor will be entitled to a lien when it is obtained. (04.02.2012)
The pledge shall be subject to the provisions of Article 14 of Chapter 10 of the Commerce Act. If the pledge has been issued from the liability of someone other than the owner of the property, the pledge shall be subject to the provisions of the guarantee and the lien on the lien (1999) Provides. (04.02.2012)
On the basis of a pledge commitment, the creditor has the right to require the owner of the property to surrender the deposit book. If the property ceases to be an undertaking, or if the deposit has been surrendered to any other creditor or the creditor does not otherwise have the right to order it, the creditor shall be entitled to compensation for damage from the undertaking.
In the event of any other property being affixed or transferred from the property affixed to another, a deposit based on an earlier fixed mortgage is obtained only if the mortgage has been removed. Ownership of the interests of the founder of the non-deposit.
Notwithstanding paragraph 1, the owner of a property may not release a deposit based on a fixed mortgage on the entire property before an application for a grant has been applied for, but the lien shall apply only to the part of the property he owns. Of the property.
The creditor is entitled, on the basis of the lien, to receive payment on the basis of the distribution of the assets accruing from the property due to the forecluse or redemption or otherwise by the authority. The right of the deposit to give priority to the application shall not exceed the amount shown by the deposit.
The creditor has the right, in spite of the transfer of ownership of the property, to apply for a fee for the property he claims. The only person allowed to surrender the deposit book is to transfer the claim for which the deposit has been transferred as collateral.
You can't foreclose the deposit book.
The deposit shall be null and void and the lien shall lapse if the mortgage is killed or removed. If the attachment is made in terms of quantity or object or otherwise amended, the lien shall be adjusted.
The creditor is entitled to a claim on the property he has been mortgaged, even if the claim is out of date or has not communicated his/her claim under the bankruptcy control or the date specified in the alert for unknown creditors.
Where the creditor's ability to obtain a settlement on the property pledged is undermined by the fact that the value of the property is materially impaired by the fire, the nature of the event, the property of the property owner or any other comparable cause, The creditor may apply for a payment on the property, even if it is not due.
If, within six months of the date of receipt of the information in the first subparagraph, the creditor is not required to pay, he shall not be entitled to receive payment before the due date.
The creditor shall have the right to receive an insurance contribution to be paid for damage to the property before he is due, unless the compensation is payable to the owner of the property in accordance with paragraph 2. If the deposit is contested or otherwise it is not clear who is entitled to compensation, the insurer shall abstain from paying the compensation.
The owner of the property shall have the right to raise the premium if, within a reasonable period of time, he has remedied the damage or lodged a guarantee that the compensation is used for the renewal or repair of the damaged property. The owner shall also be entitled to withdraw compensation where the amount of the compensation is limited in relation to the value of the property or where it is otherwise apparent that raising the compensation does not undermine the ability of the creditor to obtain a direct payment.
The payment of the redemption allowance and the remuneration provided for in the property delivery to the creditor, holding the lien on the property, shall be provided separately.
The right of the deposit is to be fully applied to any property which is the subject of a lien on the basis of a joint mortgage, and the property that has been pledged by splitting, parcels or land.
If pledged properties belong to different owners, the lien is primarily responsible for the property owned by the debtor, and other real estate only from the amount which is not primarily attributable to the property which is responsible.
If the property secured has been formed in real estate belonging to different owners and is not fully recovered from the property owned by the borrower, or if none of the owners is obligated, the parent property shall be responsible for the lien Primarily. The mutual liability of the property and the land is determined by the fact that the property which is subsequently screened corresponds to the previously-quoted real estate. If the state of the law is not applied for, or if the state of the law has been applied for the same day, the property which is subsequently released corresponds primarily to the property. What is laid down in this section of the block property also applies to the sector which has been pledged in the area of mortgages.
The effects of the mutual liability of real estate on the right of property of the property and the right of the owner of the property liable to be held liable for the right to have the right of recourse to their claim for recourse are laid down in the enforcement law.
The right to property shall be permanent, even if the founder of the lien has, prior to the date of the pledge, released the property, unless the creditor knew and was not aware of the transfer of property at the time of the pledge. The same applies if the property rights of the property have otherwise been transferred to another person or if, according to Article 4, there was no longer any right to release a deposit based on a previously fixed mortgage.
A creditor may not be relied on in good faith if the information on the transfer of ownership of the property has been obtained from the borrowing and mortgage register at least one month before the date of the pledge.
If the deposit has been surrendered to the creditor at a later date as collateral and the founder of the lien had the right to pawn the property, the lien on the deposit is permanent, unless the creditor knew and he should not have known: The transfer of ownership prior to the establishment of the legal basis. The same shall apply if the creditor was a deposit in good faith, within the meaning of paragraphs 1 and 2.
Article 3 (2) of Chapter 7 provides for an extension of the period during which the entry into the register of the loan and mortgage register is deemed to have come to the attention of the interested parties, including the periods referred to in this paragraph. (247,2009/572)
As regards the permanence of the right of deposit, where the founder of the lien was not the right owner of the property, Article 13 (4), (5) and (9) of Chapter 13.
State liability is in force, as provided for in Articles 6 to 8 of Chapter 13. The creditor's right to compensation for damage caused by the loss of the lien is not prevented by the fact that the mortgage decision has been annulled or declared void.
The right to property is permanent, even if the property owner has lost the right before the date of the pledge to order property foreclosed, the security measure or bankruptcy, if the loss of power was not made at the time of the deposit. In the case of the loan and mortgage register, and the creditor did not know, he did not know that the owner no longer had the right to pawn the property.
If the deposit has been surrendered to the creditor at a later date as collateral and the person's founder had the right to deposit the property, the lien would be permanent, unless there was a record of the loss of power In the case of the loan and mortgage register before the legal criterion was established and the creditor did not know, and should not have known, that the owner no longer had the right to pawn the property.
The right to property is permanent, even if the property is returned to the transferor as a result of the condition of the transferor, or even if the transfer, on the basis of which the founder of the lien has been acquired by the founder of the property, is demolished by the By agreement or judgment.
The loan awarded on the basis of the number or destination of the property shall not be removed, even if the release or the ownership of the qualifying holding or the sector otherwise returns to the owner of the property before the mortgages and special The rights records have been amortised. The property owner shall be eligible for clarification of the entire property when the loan to the destination or the sector has been abolished.
The mutual interest of the mortgages may be modified upon application by the owner of the property if the holders of the lien and special right, whose status is deteriorating, give their consent. The change of preference may also be made on the request of the holder of the lien, with the consent of the property owner and other rightholders.
The priority for the joint mortgage is to be changed only in respect of all real estate. The priority shall not be changed in such a way that a mortgage that does not apply to all properties becomes a greater priority.
The mortgage is obtained on application by the owner of the property and, with the consent of the holder of the lien, extend to other properties belonging to him, subject to the conditions laid down in Chapter 16, Section 2.
The mortgages which have the same priority or are immediately following each other immediately or only as a result of a letter of a special right shall be obtained on application by the owner of the property and with the consent of the holder of the lien Into a single mortgage. The combined attachments shall have the same priority as the combined fastening with the worst attachments.
At the request of the applicant and with the consent of the holder of the holder, the sum of the combined mortgage shall be reduced below the sum of the combined mortgages.
The mortgage is obtained on application by the owner of the property and, with the consent of the holder of the lien, divides into two or more mortgages, the sum of which does not exceed the amount of the mounting.
The attachments generated by the distribution shall be given the same priority, unless otherwise specified at the request of the applicant.
The attachment shall be obtained in full or in proportion to the amount of the mortgage on application by the owner of the property and with the consent of the holder of the lien. The death of the joint mortgage may be claimed by one of the owners of the property concerned with the consent of other property owners.
In accordance with Articles 4 and 5 of Council Regulation (EC) No 1103/97 on certain provisions relating to the introduction of the euro, the amount of the mortgage shall be converted into the euro unit by the holder of the deposit.
In the case of conversion, the amount of the mortgage on the holder's application shall be reduced by a maximum of 100 euros to the nearest full amount of the holder's consent.
As from 1 January 2002, the registration authority shall convert the sum of the mortgage payments into euro as referred to above, when the mortgage is otherwise amended or a new deposit book is issued.
Where properties belonging to the same owner are subject to a joint mortgage, the mortgage is obtained from his application and, with the consent of the holder of the lien, to be removed for any property. The joint mortgage should not be dismantled if any other collateralisation takes effect.
A joint mortgage on property belonging to different owners may, on application by the owner of the property, be removed from the property he owns with the consent of the holder of the lien. In addition, it is required that the owners of immovable properties and holders of the right to property and special rights in respect of these properties, whose entry is at the same or the highest priority, must be the subject of the mortgage. The mortgage, give the withdrawal of consent.
However, the lifting of the mortgage on a block property or any other property corresponding to the lien on the lien pursuant to Article 9 (9) (2) or (3) of Chapter 17 shall not, however, be required for the purpose of: The consent of the property and the owner of the property responsible before it. The consent of the holder of the right to property which is primarily responsible for the property shall not be required either. The holder of the right of the right shall not give his consent if the collation is to be removed from the property of the debtor. In the circumstances referred to in this paragraph, the termination of the joint mortgage may be claimed by any owner of the property concerned or of the holder of the lien. What is provided for in this section of the block property is also covered by the provision of the fixed property.
The application for amendment of a fixed mortgage and the handling of the case shall apply mutatis mutandis to the fixing of the fixing of the mortgage.
The application shall be accompanied by the originals from the mortgages to be amended. Where the change in the attachment has been established, the registration authority shall, where appropriate, certify the amended attachment of the amended attachment or make the entry for the change in the original deposit book.
Where, under the rest of the law, the mortgage is to be amorated or otherwise amended, the registration authority shall enter it in the register of the loan and the mortgage register where the notification of the final decision has arrived. The deposit corresponding to the amended attachment shall be issued only if the original deposit has been submitted to the letter authority.
Where an electronic deposit has been issued, the consent of the holder of the lien may be given by the holder of the lien as a beneficiary of an electronic deposit. Once the change in the mortgage has been confirmed, the registration authority shall inform the holder of the electronic deposit. (04.02.2012)
The written deposit shall be converted into electronic form on application by the holder of the deposit. The registration authority shall invalidate the written deposit when the applicant is registered as a holder of an electronic deposit.
The holder of an electronic deposit shall be entitled, on application, to obtain a written deposit in writing. The identification of the beneficiary of the electronic deposit shall be removed or, at the request of the applicant, be transmitted for information on the holder of the written deposit.
The holder of the written deposit shall be entitled to a new deposit of the same content to replace the damaged deposit by the Registrar. The deposit book may also be exchanged at the request of a change in the mark of the fixture.
The death penalty for the written deposit shall be governed by the law on the death of the document (34/1901) Provides. At the request of the registration authority, the person whose application has been amortised shall receive, upon request, a new deposit book corresponding to the death of the deceased. Where information on the beneficiary of an electronic deposit or of his whereabouts cannot be obtained, the owner of the property shall have the right to seek the deletion of the reference to the beneficiary, in accordance with the provisions laid down in the law on the death penalty. The registration authority shall be the beneficiary of an electronic deposit book by the applicant when the court informs it of its legal solution for the removal of the beneficiary's entry.
The issue of a new written deposit must be entered in the legal tender and mortgage register.
The holder of the right shall be entitled to the same right as the deposit book provided for in Article 7 (3) and Articles 7a and 8.
The authority of the Registry shall be the holder of an electronic deposit by the Registrar of the Court of Justice as the holder of the property of the property or any other person who, according to the law of the law, is entitled to a deposit in place of the holder instead of the meaning of the document.
The attachment may be established in respect of land lease and other temporary access to another country, if the right is to be transferred without the prior consultation of a third property owner, and if, according to an agreement, the area is or can be built Buildings or equipment belonging to the rightholder. For the purpose of fixing the mortgage, the right to use is entered in the borrowing and mortgage register. The attachment may also be established in the section of the right of access.
The same mortgage shall not be fixed for two or more uses or for property and access.
The attachment shall be established on the application by the holder of a right of access whose right is last recorded.
Articles 4, 4a, 5-8, 8a and 9 of Chapter 16 and Articles 18 (1), (3), (3), (7), (7a) and (8) to 10 of Chapter 18 provide for a mortgage on the property. (04.02.2012)
Articles 1 to 8 and 10 to 13 of Chapter 17 provide for a lien on the right to property in respect of the right to use and its buildings and equipment.
The provisions referred to in paragraphs 1 and 2 provide for the property, the right to use and the corresponding provision of a loan, in respect of the registration of the right.
The lien contract shall not be binding on the holder of the lien before the change is recorded. The conditions for recording the change are laid down in Section 14 of Chapter 14.
The right of access to the right to use shall lapse after the expiry of the period of validity of the concession. However, the right of access shall remain in force if the period of validity of the licence has been extended or the right to the same rightholder has been reproduced immediately and entered in the register of the loan and mortgage register during the period of validity of the right of use.
Where the right of use ceases to be terminated in the event of termination or agreement or other reasons, the lien on the right to use in accordance with the registration shall remain in force until the mortgage is amortised. The same applies when the ownership of the property and the right of access comes to the same owner. The conditions for the removal of the recording and attachment are laid down in Section 16 of Chapter 14.
Where the right of access has become available to the owner of the property or otherwise has ceased, the right to use shall not be fixed and the lien on the right of use shall not be released as collateral. However, the right to a pledge is permanent if the creditor did not know at the time and he was not supposed to know that the right of access had ceased.
Where the right of use has come to the owner of the property or otherwise has ceased, the fixed mortgages on the application by the owner of the property and, with the consent of the holder of the lien, shall be transferred to the whole property, in which case they shall: Shall be given the former priority of the right of access. The condition is that all mortgages on access are transferred at the same time. Where the property is subject to mortgages or to a specific right of access, the transfer of the mortgage is required for the consent of the rightholders whose entry is at the same or lower priority than the record of the right to use.
The termination of access shall not affect the object of the affixed affixed affixed to the property until the licence has been removed. The mortgages fixed in the real estate shall then also apply to the previously applicable property.
The transfer of a building or other property belonging to a real estate property shall not affect the object of the mortgages fixed by the property, unless the object has been entered in accordance with Article 4 (1) (2) of Chapter 14. Famous. After that entry, the fixed mortgages shall also refer to the object referred to therein.
The property which, under the law of any other law, is responsible for the payment or other comparable receivations to be paid in accordance with public law or public law, is the provision of access as laid down in this Act.
Statutory provisions on the right to property shall also apply where the statutory lien is concerned with the amount of the property, the sector of property or the right to land rent or other access to another country.
The statutory lien shall be entered in the register of borrowing and mortgage lending. If the notification has not been submitted to the registration authority within one year of the date of receipt, the lien shall lapse.
The notification may be made when a decision on the granting of a loan or the imposition of a payment obligation has been made, even though it has not become legal. A retroactive payment of a property which is not based on a court decision may be reported only if the payment of that payment has been defaulted.
The notification of the notification and the amount of money which may not be recorded as a statutory lien shall be governed by the Regulation.
Statutory lien is not binding on the transferor unless it has been entered in the legal and mortgage register prior to the application for the loan and the transferee at the time of the recovery did not know and should not have known about the receipt or criterion.
If the donor of the property has defaulted on his obligation to inform the transferee about the loss of property and the legal deposit is not legally binding, the creditor shall be entitled to claim compensation from the property donor.
Statutory deposit is not effective vis-à-vis the creditors of the property owner unless it has been entered in the legal tender and mortgage register before the registration authority has been notified of the property foreclossing or the security measure, or Of belonging to a bankruptcy.
The registration of the statutory lien shall be valid from the date on which the notification was made to the registration authority.
On the basis of the statutory lien on which the creditor is entitled, the creditor shall be entitled to payment of the property on the basis of his claim before the mortgage. The same shall apply to interest rate or other ancillary costs for a period not exceeding three years prior to the date on which the forecluse was delivered, until the date on which the interest is paid.
Without prejudice to the question of the statutory lien on the property and the amount of the asset to be examined separately.
Statutory lien shall not be recorded if:
(1) the notification has not been made within the prescribed period;
(2) a person other than the debtor has applied for a loan to the property prior to the date of the notification and does not consent to the registration of the property;
(3) in the case of the forecluse of the property, or the bankruptcy of the property owner, it has been entered in the legal tender and mortgage register prior to notification; or
4) the property does not, by virtue of the law, correspond to any receipt or registration.
The notification may be left to rest until the statutory lien or stability has been clarified.
Paragraph (1) (3) shall not apply to the registration of any obstacles to the registration, whether in the case of a real estate or other similar administrative procedure, by means of a statement of an exposition, the imposition of a security measure or the bankruptcy of the owner. Compensation if the compensation has been imposed on the property on the basis of the benefit which the property has become in the procedure referred to above. (22/01/918)
The holder of the right of the right shall notify the registration of the statutory lien when it has ceased or when the lien is no longer valid. The Registry may also be deleted from the application of the property owner.
The registration of the statutory lien and the lien on the basis thereof shall apply mutatis mutandis to the provisions of the property mortgage and deposit.
More detailed provisions on information on the application of the loan and mortgage register, the processing of entries and the keeping of the mortgage and mortgage register are laid down by a decree of the Council.
The entry into force of this Act is regulated by law.
THEY 120/94 , LaVM 27/94This Act shall enter into force on 1 January 1997.
THEY 121/1996 , VaVM 34/1996, EV 167/1996
This Act shall enter into force on 1 January 1999.
THEY 156/1998 TaVM 21/1998, EV 165/1998
This Act shall enter into force on 1 October 2007.
THEY 13/2006 , LaVM 24/2006, EV 269/2006
The entry into force of this Act shall be regulated by law.
THEY 30/2009 , MmVM 5/2009, EV 89/2009
This law comes into force separately.
Paragraph 2 has been repealed by L 23.8.2013/624 . (23,2013/624)
Before the law enters into force, measures may be taken to implement the law.
THEY 146/2010 , LaVM 27/2010, EV 243/2010
This Act shall enter into force on 1 October 2011.
THEY 265/2009 , MmVM 28/2010, EV 307/2010
This Act shall enter into force on 1 November 2013.
THEY 43/2013 , LaVM 10/2013, EV 76/2013
This Act shall enter into force on 1 November 2013.
THEY 43/2013 , LaVM 10/2013, EV 76/2013
This Act shall enter into force on 1 January 2014.
THEY 68/2013 , MmVM 7/2013, EV 102/2013
