European Legislation Key Concepts and Definitions in Land Registry Scope
European legislation provides definitions of key concepts for the land registry scope. Regulations and Directives focus on credit agreements, jurisdiction, succession, insolvency, matrimonial property regimes, and registered partnerships. These definitions are formal and abstract, aiming to encompass national concepts for the European Land Registry Directive (ELRD).
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IMOLA III 2021 September 27th Jorge L pez WP2 coordinator
In the European Legislation, as a legislative technique, we can find definitions of the key concepts of this legislation Some European legislation is relevant in the land registry scope At the moment, we focus on the following Regulations or Directives
CREDIT agreements for consumers relating to residential immovable property 2013/36/EU and Regulation (EU) No 1093/2010 CREDIT. DIRECTIVE 2014/17/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and credit 1. 1. BRUSSELS I 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) BRUSSELS I bis bis. . REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2. 2. SUCCESSIONS. REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on SUCCESSIONS jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession 3. 3. INSOLVENCY insolvency proceedings (recast) INSOLVENCY. REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2015 on 4. 4. MATRIMONIAL PROPERTY REGIME cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes MATRIMONIAL PROPERTY REGIME. COUNCIL REGULATION (EU) 2016/1103 of 24 June 2016 implementing enhanced 5. 5. REGISTERED PARTNERSHIPS. in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships REGISTERED PARTNERSHIPS. COUNCIL REGULATION (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation 6. 6.
Definitions, Key Concepts (autonomous definitions ) Applicable not further than their scope they are intended for the purposes of the specific Regulation or Directive) Made up with full respect systems (quite generic) The idea is to facilitate and to encompass all national concepts. scope (explicitly said that full respect of the concepts of the national Suitable for ELRD ELRD pivot terms must be neccesarily quite formal and abstract possible. formal and abstract to collect or cover as many national concepts as
It is indicated they are definitions for the purposes of a Regulation or Directive They become part of the semantic fields to make the ELRD work They apply for pivot terms They can also be synonyms or associated terms Some cases:
Regulation Relevant pivot term European terms ELRD Section Mortgage-Credit-Creditor-Rate Interest CREDIT. DIRECTIVE 2014/17/EU Mortgage C.1 Arrears BRUSSELS I bis. REGULATION (EU) No 1215/2012 Restrictions (on the proprietor) Judgment-Court-Court settlement B Restrictions (on property) Provisional or cautionary measure C.3 SUCCESSIONS. REGULATION (EU) No 650/2012 Succession-ECS-Administrator of the estate Real estate A Proprietor B Estate-Waiver-Acceptance Entitlement B Insolvency practitioner-Collective proceedings- Opening insolvency proceeding INSOLVENCY. REGULATION (EU) 2015/848 Restrictions (on the proprietor) B Restrictions (on the property) C MATRIMONIAL PROPERTY REGIME. COUNCIL REGULATION (EU) 2016/1103 of 24 June 2016 Economic matrimonial regime- Matrimonial agreement- Proprietor B Restrictions on the proprietor REGISTERED PARTNERSHIPS. COUNCIL REGULATION (EU) 2016/1104 of 24 June 2016 Proprietor Partnership property agreement B Restrictions on the proprietor
REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02015R0848-20180726&from=EN Legal basis Term Definition vocabulary Pivot terms Synonym Template section Article 2.a) Judgment For the purposes of Regulation (EU) No 1215/2012, judgment means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court. For the purposes of Chapter III, judgment includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter. Regulation (EU) No 1215/2012 Notice Judicial resolution Decision Judicial decision Judicial resolution B C Recital 37 Article 2.b) Court settlement For the purposes of Regulation (EU) No 1215/2012, court settlement means a settlement which has been approved by a court of a Member State or concluded before a court of a Member State in the course of proceedings Regulation (EU) No 1215/2012 Judicial resolution Notice Document Deed B Recital 37 Article 2.c) Articles 58- 60 Authentic instrument For the purposes of Regulation (EU) No 1215/2012, authentic instrument means a document which has been formally drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which: (i) relates to the signature and the content of the instrument; and (ii) has been established by a public authority or other authority empowered for that purpose Regulation (EU) No 1215/2012 Document Deed Authentic document Deed Public document B
REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02012R0650-20120705&from=EN Term Definition Legal basis vocabulary Pivot terms related Synonym Template Section Succession For the purposes of the Regulation (EU) No 650/2012 succession means succession to the estate of a deceased person and covers all forms of transfer of assets, rights and obligations by reason of death, whether by way of a voluntary transfer under a disposition of property upon death or a transfer through intestate succession Recital 9 Article 3.1.a) Article 23 Regulation (EU) No 650/2012 Entitlement Inheritance B Agreement as to succession For the purposes of the Regulation (EU) No 650/2012 agreement as to succession means an agreement, including an agreement resulting from mutual wills, which, with or without consideration, creates, modifies or terminates rights to the future estate or estates of one or more persons party to the agreement For the purposes of the Regulation (EU) No 650/2012 disposition of property upon death means a will, a joint will or an agreement as to succession For the purposes of the Regulation(EU) No 650/2012 decision means any decision in a matter of succession given by a court of a Member State, whatever the decision may be called, including a decision on the determination of costs or expenses by an officer of the court Recitals 49, 50 Article 3.1.b) Article 25 Regulation (EU) No 650/2012 Entitlement Inheritance contract B Disposition of property upon death Decision Recital 9 Article 3.1.d) Regulation (EU) No 650/2012 Entitlement Mortis causa disposition B Article 3.1.g) Regulation (EU) No 650/2012 Notice Judgment Judicial resolution B C Court settlement For the purposes of the Regulation (EU) No 650/2012 court settlement means a settlement in a matter of succession which has been approved by a court or concluded before a court in the course of proceedings; Regulation (EU) No 650/2012 Document B Article 3.1.h)
REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2015 on insolvency proceedings (recast) https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02015R0848-20180726&from=EN Term Definition Legal basis vocabulary Pivotterms Synonym TemplateSection Debtor in possession For the purposes of Regulation (EU) 2015/848, debtor in possession means a debtor in respect of which insolvency proceedings have been opened which do not necessarily involve the appointment of an insolvency practitioner or the complete transfer of the rights and duties to administer the debtor's assets to an insolvency Article 2.3) Proprietor Restrictions on the person of the proprietor Insolvency B Regulation (EU) 2015/848 Insolvency practitioner For the purposes of Regulation (EU) 2015/848, insolvency practitioner means any person or body whose function, including on an interim basis, is to: (i) verify and admit claims submitted in insolvency proceedings; (ii) represent the collective interest of the creditors; (iii) administer, either in full or in part, assets of which the debtor has been divested; (iv) liquidate the assets referred to in point (iii); or (v) supervise the administration of the debtor's affairs. The persons and bodies referred to in the first subparagraph are listed in Annex B of the Regulation (UE) 2015/848. Article 2.5) Insolvency Official receiver B Regulation (EU) 2015/848 Judgment opening insolvency proceeding For the purposes of Regulation (EU) 2015/848, judgment opening insolvency proceedings means: (i) the decision of any court to open insolvency proceedings or to confirm the opening of such proceedings; and also (ii) the decision of a court to appoint an insolvency practitioner Article 2.7) Notice Insolvency B C Regulation (EU) 2015/848 Time of the opening of proceeding For the purposes of Regulation (EU) 2015/848, the time of the opening of proceedings means the time at which the judgment opening insolvency proceedings becomes effective, regardless of whether the judgment is final or not; For the purposes of Regulation (EU) 2015/848, establishment means any place of operations where a debtor carries out or has carried out in the 3- month period prior to the request to open main insolvency proceedings a non-transitory economic activity with human means and assets; Article 2.8) Notice Insolvency B C Regulation (EU) 2015/848 Establishment Article 2.10) LR Unit-property Notice Insolvency A Regulation (EU) 2015/848 Assimilated right in rem For the purposes of Regulation (EU) 2015/848, the right, recorded in a public register and enforceable against third parties, based on which a right in rem within the meaning of Article 8.1 Regulation 2015/848 may be obtained, shall be considered to be a right in rem. Article 8.3 Property right C Regulation (EU) 2015/848
Not invariable: Decision, resolution, judgment Definitions based on provisions, providing a European perspective: adaptation Conclusion: definitions directly provided and terms based on provisions are a field of interest for ELRD IKOS and Thesaurus
