Electronic conveyancing in portugal

Filomena Gaspar RosaRegistrar

November 2010

Electronic conveyancing in Portugal

• Online land registry (e-coveyancing)

• Foreign documents

Agenda

Online land registry

E-conveyancving in Portugal

Since 1st January 2009 the following services, among others, are available at www.predialonline.mj.pt :

• Deposit of authenticated private documents

• Request registry acts via internet

• Permanent Certificate

Online Portuguese Land Registry


DEPOSIT OF AUTHENTICATED PRIVATE

DOCUMENTS

Online Portuguese Land RegistryDEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS

• Since 2008 the appeal to a notary for the transfer of a land property is no longer mandatory

• Other legal professionals, such as Lawyers, Solicitors and Registrars were able to operate the transmission of the properties through the authentication of the contract of sale.


• The authentication (official attestation of private documents) can only be performed by competent authorities: Lawyers, Chambers of Commerce and Industry, Notaries, Solicitors and Registrars.



• The authentication’s validity of the private document pends on the deposit

• The deposit must be carried out in the private document’s certification date, by the entity responsible for the authentication

CODE 0000-0000-0000

• With the electronic deposit legal security hasn’t diminished since the authenticated private documents are only valid when holding the authentication sign and electronically deposited at www.predialonline.pt

• Land registry request of such documents just need to point out the document code, as land register offices can access documents image with the code and this image as values.


http://www.predialonline.pt/


ONLINE REGISTRY REQUEST

Access this service at www.predialonline.mj.pt with a digital certificate, already available to:

– Lawyers, Solicitors e Notaries holding a digital certificate.

– Citizens with the citizen card



Requesting a registry has been dematerialised by filling in an electronic form.

Documents to submit:

• Either send online;• Or indicate the access code of a

authenticated private document deposited;

• Or indice the document to be informally consulted in a public database



Specifications

• Possibility of requesting all acts subject to land registry

• A single electronic Journal (Diary)• Automatic annotation of the requests in the

Journal, 24 hours per day, 7 days per week• Automatic Messages to the presenter via e-

mail• Emolument reduction of 20% for some acts• Payment with debit and credit cards• Refunds by bank transfer




PERMANENT CERTIFICATE

Access online, updated and in real time:

– Information of registries in force (rights and charges);

– Mention of pending registry requests.



LegitimacyAnymone can request a certificate, under the

terms of the Portuguese Land Registry Code

DeadlineThe Permanent Certificate must become

available up to 48 hours upon payment




PERMANENT CERTIFICATEElectric Form





Location

n.º of the land

Access Key Code

deadline



Code

Immovable n.º

Indentification of the land

Property and other

inscriptions

• You may request and consult the permanent certificate at:

www.predialonline.mj.pt

• The certificate request originates an access code

• The delivery of the certificate’s access code replaces the presentation of a paper certificate to any public or private entity.



http://www.predialonline.mj.pt/

In the Portuguese land registry

FOREIGN DOCUMENTS

In which conditions is it admissible to register a foreign document in Portugal?

• Legalization;• Translation;• Other aspects concerning legal formal

requirements

FOREIGN DOCUMENTS In the Portuguese land registry

LEGALIZATION FORMALITIES

Non judicial documents:

• According to Article 365 of the Portuguese Civil Code:

«1. Authentic or private documents issued in a foreign country, in accordance with its legislation, are evidence as would the similar types of documents formally drawn up in Portugal.

2. If the document is not legalized (exequantur or apostille, when applied), under the procedural law, and there are serious doubts about its authenticity or the authenticity of recognition may be required to be legalization. »


• The registrar may accept any documents issued according

the foreign law by the competent entities (considering

international conflicts rules), without the legalization.

• But only if the registrar has no doubts about its

compliance with the rules of origin.

• However, in practice, the lack of knowledge in national

law of foreign countries leads registrars to almost always

require the legalization of the documents.


• Judicial documents must always be submitted to exequatur except if the Reg. 44/2001 is applicable.

TRANSLATION

• The same rules applies to both judicial and extrajudicial documents.

• According to Article 43 of the Code of Land Registry, the documents written in foreign languages may be accepted only when translated under the law, unless they are written in English, French or Spanish and competent official as sufficient knowledge of this language.


OTHER ASPECTS CONCERNING LEGAL FORMAL REQUIREMENTS

• If a contract concerning immovable property in document is issued according to the law of the country where the interested parties lived in, and it accomplishes to fill a minimum of formal requirements, such as the identification of the properties, and of the parties, it is possible to sustain that it can be accepted to registry (with the legalization or apostille, if the registrar as any doubt, and translation).

• It must be at least equivalent to a public deed, in matter of formal requirements (latin type of notary).


OTHER ASPECTS CONCERNING LEGAL FORMAL REQUIREMENTS

• In Portugal the registrar must check the legality of the foreign document as well as the national ones (formal and substantial aspects).

• The registrar can request the foreign law proof and it is not compelled to know it (But if he does know the foreign law, he can simply apply it, which is rare)


Filomena Gaspar RosaRegistrar

Novembro 2010

Electronic conveyancing in Portugal

Thank you for your attention

Electronic conveyancing in portugal

Business

portuguese land registrysince

land property

land register offices

portuguese civil code

documents image

certificate request

private entity

digital certificate