Machine Translation of "Decree No. 2002-1426 3 December 2002 Adopted Under Articles 1 (Iv And Vii) And 6 Act No. 2002-306, March 4, 2002, Concer..." (France)

Decree No. 2002-1426 3 December 2002 Adopted Under Articles 1 (Iv And Vii) And 6 Act No. 2002-306, March 4, 2002, Concerning Reform Of The Act Of June 1, 1924, Bringing Into Force French Civil Law In The Department...

Original Language Title: Décret n° 2002-1426 du 3 décembre 2002 pris en application des articles 1er (IV et VII) et 6 de la loi n° 2002-306 du 4 mars 2002 portant réforme de la loi du 1er juin 1924 mettant en vigueur la législation civile française dans les départeme...

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Summary

Implementation of the amended Act of 1 June 1924 bringing into force French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle, including articles 36 to 65. Act 2002-306 of 4 March 2002 amended the provisions of the Act of 1 June 1924 relating to the land advertising regime applicable in the three departments of Alsace and Moselle. The purpose of this reform was on the one hand, on the adaptation of the rules organizing the land book to the computerization that is under way, on the other hand on the harmonization of local law with general law and on the strengthening of the reliability of land advertising. The coming into force of several legislative provisions depends on the publication of a decree in the Council of State. However, for some of them, such as Article 1 §III - (amended Article 37 of the Land Book Consultation Act, 1924), their implementation is also linked to the practical realization of the computerization of land registers and offices. However, with respect to strictly legal provisions, their entry into force is not necessary to be postponed. With respect to section 6 of the Act, relating to the registration of constituted land bonds before 1900, an excessive delay in its implementation would even be likely to prejudice the beneficiaries of such servitudes (section 1). The other issues contemplated in the decree relate, on the one hand, to the registration of a right acquired by prescription or by accession provided for in Article 1, §VII (amendment of Article 44-1 of the Law of 1924), on the other hand on the way of appeal against the decision of the judge of the land book (articles 2 and 3). Finally, it is intended to extend the benefit of Article 1 §VIII (amended in Article 45 of the Act of 1924) relating to the effects of the filing of the application for registration, to provisions providing for registration, other than those referred to in the chapter on the land advertising of the law of June 1, 1924 (Article 4). In addition, like the law of 4 March 2002 which amended the law of 1 June 1924, this draft decree provides for the insertion of the new regulations in two existing decrees, namely, on the one hand, the decree of 18 November 1924 relating to the holding of the land book in the departments of Lower Rhine, Upper Rhine and Moselle, on the other hand the decree of 14 January 1927 November Indeed, the German legislator has only progressively put in place land advertising, leaving, as a transitional measure, the possibility of maintaining the effects on third parties of conventional land bonds not registered in the land book, but only transcribed before 1 January 1900 on the mortgage register held by the competent mortgage office (Law of introduction to the civil code of 18 August 1896 article) Today, in order to guarantee the completeness of land advertising, section 6 of the Act of 4 March 2002 has provided, barely extinguished, their retranscription within five years of the promulgation of the law. This Order provides information on the content of the request in relation to the general rules applicable to this Act, lists the supporting documents and requires the applicant to inform the applicant of the request. In addition, it is planned to insert this new provision in the decree of 14 January 1927, following article 14 which already allows the holder of a right registered on the mortgage registers to request his registration in the land book by the production of an official certificate or an extract from the mortgage register.* Content of the requestIn addition to the information common to all requests set out in Articles 3, 4 and 5 of the decree of 14 January 1927, the request must specify the current cadastral identification of the serving fund and the dominant fund (Article 1).* Enumeration of supporting documentsThe supporting documents must accompany the application are the authentic act establishing the constitution of the law or recognizing the existence of that right or any other evidence establishing the advertisement of the right to the register of mortgages under the conditions defined by section 187 of the Act of 18 August 1896 introducing the local civil code providing for the transcription of servitudes to the register of mortgages. In view of the formerity of the law, the draft decree offers the applicant the opportunity to prove the existence of the right by other means of evidence that an extract from the mortgage register or the notarial act establishing the constitution of the right.* Information of the holders of the right of property concerned by servitudeThe applicant has an obligation to inform the holders of the right of property concerned by servitude, of his application for registration.In order that the completion of this formality is certain, it must be carried out before the application is filed. The objective of this publicity measure is to allow interested parties to take action on this servitude. II - The registration of a right acquired by statute or by accessionIn a view of harmonization with the general law of land advertising, the law of 4 March 2002 now allows to derogate from the principle of the relative effect of registration, by authorizing the publication of a right acquired by statute or by accession, without distinguishing, as was done in article 44, paragraph 3, of the law of 1 June 1924, according to whether or not the law had already been the subject matter. Secondly, given the special probative force attached to the registration of rights to the land book, defined as a presumption of accuracy, the decree makes a distinction as to whether or not the law is already registered and provides, where the right is already registered on behalf of another owner, to ensure the information of the judge of the land book by a number of advertising measures available to it. In the latter case, the decree specifies the effect of the decision to register the right acquired by prescription or accession to the previously registered right, namely the deletion of the latter.* Advertising measuresThese are found to be their legal basis and inspiration on the one hand, in the distance 55-4 of 4 January 1955 concerning legal and judicial announcements, on the other hand in Decree 2002-77 of 11 January 2002 taken for the application of Article 697 of the Civil Procedure Code (former) and reforming the terms of advertising in respect of real estate seizure. They consist, first of all, of interrogating the Public Prosecutor's Office. Secondly, depending on the value and situation of the property, other measures may be ordered by the Land Book Judge.These are three, the priority to be given to posting at the Land Office Registry and, according to the law of January 4, 1955, to the publication in a legal advertisement journal at the expense of the Grievor, the last of the possibilities offered to the judge, being the display in the town of the place where the property is registered. III - Provisions relating to appealThe entry into force of the law and in particular its article l- §VII (amended in article 45 of the law of 1924) which specifies the effects of the filing of the request, has highlighted the need to clarify the current procedure contained in articles 52, 53 and 54 of the decree of November 18, 1924, concerning remedies. The procedure applicable to the judge of the land book and the appeal fall under the purity of the law (Article 46 of the Act of 1 June 1924 and the annex to the new Code of Civil Procedure relating to its application in the departments of Bas-Rhin, Haut-Rhin and Moselle). The appeal is governed, inter alia, by the provisions of Articles 95OE to 953 of the new Civil Procedure Code, subject to the rules specific to the Alsace-Moselle Land Advertising. Furthermore, it should be recalled that the date of filing a request determines its status. However, the decision to reject a request has lost any effect on this request, particularly in respect of its filing date; Therefore, if the decision of appeal invalidates the decision of rejection, the registration shall only take place on the date it is made materially; This is not without raising any inconvenience when new registrations took place between time.So far, the Decree of 1924 gave the Court of Appeal the power to order a prenotation of the law, that is, a provisional registration of the law, allowing the Court to safeguard its rank until the decision of appeal. However, this mechanism was questionable as the date of entry was left at the discretion of the courts. The new system, advocated by this draft decree, makes it possible to remedy this difficulty, the law providing that the rank of registration is determined by the mention of the filing of the request, that is, the introductory act of instance, the same effects are attached to the declaration of the appeal which, like the request, opens a new proceeding. In this way, the appellant is entrusted with the care to determine the date of determination of the rank (art. 3). In addition, in order to facilitate reading, it is planned to rewrite articles 52, 53 and 54 of the decree of 18 November 1924 in their entirety. IV - The effects of registrationIn keeping with the new legal framework established by the Harmonization Act of 4 March 2002, which enshrines the legal effect of the registration of petitions thus to put an end to the jurisprudential uncertainties which linked the legal effects of the registration of a right to the material registration operation, the decree proposes to extend the benefit of this effect, to the registrations provided for in articles 145 relating to the order 14 of an art. 14-1, after art. 18 of art. 18-1, 18-2 and 18- 3.Change of the decree of 18-11-1924: addition after art. 6 of an art. 6-1, art replacement. 11 and 52, repeal of articles 53 and 54.

Keywords

JUSTICE , IMMEUBLE , FUNCIAL PUBLICITY , ALSACE-MOSELLE , FUNCIER , INSCRIPTION , FUNCIERE , REQUEST , UNDERST , JUSTIFICATIVE , INFORMATION , TITULAR , LAW OF PROPRIET , LAW

JORF n°287 of 10 December 2002 page 20352
text No. 4

Decree No. 2002-1426 of 3 December 2002 pursuant to articles 1 (IV and VII) and 6 of Act No. 2002-306 of 4 March 2002 on the reform of the law of 1 June 1924 bringing into force French civil law in the departments of Bas-Rhin, Upper Rhine and Moselle, in its provisions concerning land advertising

NOR: JUSC0220557D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/3/JUSC0220557D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/3/2002-1426/jo/texte

The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the Civil Code, including articles 2229 and 2265;
Considering the monetary and financial code, including Article L. 111-1;
Having regard to the new Civil Procedure Code and Article 7 of the annex relating to its application in the departments of Bas-Rhin, Upper Rhine and Moselle;
Having regard to the amended Act of 1 June 1924 bringing into force French civil legislation in the departments of Bas-Rhin, Haut-Rhin and Moselle, including articles 36 to 65;
Having regard to Act No. 2002-306 of 4 March 2002 on the reform of the Act of 1 June 1924 bringing into force French civil law in the departments of Bas-Rhin, Haut-Rhin and Moselle, in its provisions on land advertising, in particular its article 6;
Having regard to the amended decree of 18 November 1924 concerning the holding of the land book in the departments of Upper Rhine, Lower Rhine and Moselle;
Having regard to the decree of 14 January 1927, supplementing the decree of 18 November 1924 concerning the holding of the land book in the departments of the Haut-Rhin, Bas-Rhin and Moselle;
The State Council (inland section) heard,
Decrete:

Chapter I: Provisions relating to constituted servitude before 1 January 1900 Article 1

After Article 14 of the decree of 14 January 1927 referred to above, it is added an article 14-1 as follows:
"Art. 14-1. - In addition to the references prescribed in Articles 3, 4 and 5, the application for the registration of the constituted servitude before 1 January 1900 indicates the current cadastral identification of the serving fund and the dominant fund.
"The request must be accompanied by an authentic constitutive act of servitude or an authentic act recognizing its existence or any other evidence establishing the fulfillment of the advertisement of servitude in the register of mortgages under the conditions defined by section 187 of the Act of 18 August 1896 introducing the local civil code.
"Previously upon its filing, the request shall be served by the applicant to the owner of the property rights concerned by the servitude whose registration is requested. »

Chapter II: Provisions relating to the registration of a right acquired by limitation or accession Article 2

After Article 18 of the above-mentioned Decree of 14 January 1927, the following articles are added:
"Art. 18-1. - In support of the application filed pursuant to section 44-1 of the Act of 1 June 1924, the appellant shall attach all supporting evidence relating to the property and its possession, such as titles, certificates of witnesses, a certificate issued by the mayor of the municipality of the place of situation of the building, acts of notoriety, an excerpt of cadastre or notices of taxation.
"Art. 18-2. - When the building is not yet registered in the land book, the Land Book Judge orders its first registration on behalf of the applicant after having found the acquisition of the property by prescription.
"Art. 18-3. - When the building is already registered in the land book under the identity of another holder, the request is communicated, for investigation and notice, by the Land Book Judge to the Attorney of the Republic of his jurisdiction.
"The Land Book Judge sets a time limit for the holder of the registered right or his heirs, if known, to make their comments. The clerk of the land office shall notify them by registered letter with a request for notice of receipt of the request by mentioning the deadline.
"When the current address of the registered owner or the address of his or her heirs is not known or if the notification letter could not be delivered to his or her recipient, the land book judge may, on the basis of the value and situation of the building, order the posting of a notice to the office of land seized of the request and its publication, at the expense of the applicant, in one of the legal notices of the property situation department.
"The judge may, under the same conditions, order that the notice be posted instead of it designates in the communes of the situation of the property and the last known domicile of the holder of the right registered in the land book.
"The notice states:
« 1° The date of filing of the request for registration of the property;
« 2° The object of the request;
« 3° The name of the owner of the building registered in the land book;
« 4° The name of the applicant and his agent and the professional residence of the latter;
« 5° The designation of the registered building;
« 6° The indication of the land office seized of the request.
"The Judge of the Land Book shall rule in the light of the opinion of the Attorney of the Republic and any comments made by the holder of the registered law or his heirs. If he or she has ordered advertising, he or she can only make his or her order six months after the date on which the last of these measures took place.
"The decision ordering the registration shall, when referred to in the land book, remove the rights of the registered holder. »

Chapter III: Provisions relating to the effects of registration Article 3

After Article 6 of the above-mentioned Decree of 18 November 1924, it is added an article 6-1 as follows:
"Art. 6-1. - In the provisions applicable in the departments of Bas-Rhin, Haut-Rhin and Moselle pursuant to the Act of 1 June 1924 referred to above, the date of registration of a security or right is defined by reference to section 45 of that Act, the date of filing of the application for registration. »

Chapter IV: Provisions relating to appeal Article 4

I. - Article 52 of the above-mentioned decree of 18 November 1924 is replaced by the following provisions:
"Art. 52. - No appeal is open against the decision ordering registration.
"The appeal against the decision to reject a request for registration is the appeal. It is filed in the land office by the applicant or notary who submitted the application and may be based on new means.
"The appeal is instructed and judged in accordance with the rules applicable to the court of appeal.
"The registration of the land claim to the competent land office produces, as to the rule of law, the effects of an application for registration. The benefit of this rank is retained by the appellant until the decision of the Land Book Judge or the Court of Appeal. »
II. - Articles 53 and 54 of the same decree are repealed.

Chapter V: Miscellaneous provisions Article 5

Article 11 of the aforementioned decree of 18 November 1924 is replaced by the following provisions:
“Art. 11. - Any mention of a sum of money in the land book must be made in euros or accompanied by an evaluation in euros. »
Article 6

The security guard, Minister of Justice, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

Done in Paris, December 3, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

The Seal Guard, Minister of Justice,

Dominica Perben

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