Electronic conveyancing in
Portugal
Filomena Gaspar Rosa
Registrar
Novembro 2010
Agenda
• Online land registry (e-coveyancing)
• Foreign documents
E-conveyancving in Portugal
Online land registry
Online Portuguese Land Registry
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
DEPOSIT OF AUTHENTICATED
PRIVATE DOCUMENTS
Online Portuguese Land Registry
Online Portuguese Land Registry
DEPOSIT 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.
Online Portuguese Land Registry
DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
• The authentication (official attestation of private
documents) can only be performed by competent
authorities: Lawyers, Chambers of Commerce
and Industry, Notaries, Solicitors and Registrars.
Online Portuguese Land Registry
DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
Online Portuguese Land Registry
DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
• The authentication’s validity of the private
document pends on the deposit
CODE 0000-0000-0000
• The deposit must be carried out in the private
document’s certification date, by the entity
responsible for the authentication
Online Portuguese Land Registry
DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
• 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.
ONLINE REGISTRY REQUEST
Online Portuguese Land Registry
Online Portuguese Land Registry
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
Online Portuguese Land Registry
ONLINE REGISTRY REQUEST
 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
Online Portuguese Land Registry
ONLINE REGISTRY REQUEST
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
Online Portuguese Land Registry
Online Portuguese Land Registry
PERMANENT CERTIFICATE
Access online, updated and in real time:
– Information pertaining registries in force;
– Mention of presentations pertaining pending registry
requests.
Online Portuguese Land Registry
PERMANENT CERTIFICATE
Online Portuguese Land Registry
PERMANENT CERTIFICATE
Online Portuguese Land Registry
PERMANENT CERTIFICATE
Immovable n.º
Code
Indentification of the land
Property and other
inscriptions
Online Portuguese Land Registry
PERMANENT CERTIFICATE
Legitimacy
Anymone can request a certificate, under the terms of the
Portuguese Land Registry Code
Deadline
The Permanent Certificate must become available up to 48
hours upon payment
Online Portuguese Land Registry
Electric Form
PERMANENT CERTIFICATE
Online Portuguese Land Registry
PERMANENT CERTIFICATE
• 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.
Online Portuguese Land Registry
PERMANENT CERTIFICATE
Location
deadline
n.º of
the land
Access
Key Code
FOREIGN DOCUMENTS
In the Portuguese land registry
FOREIGN DOCUMENTS
In the Portuguese land registry
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. »
FOREIGN DOCUMENTS
In the Portuguese land registry
• 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.
FOREIGN DOCUMENTS
In the Portuguese land registry
• 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.
• As mentioned above, 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.
FOREIGN DOCUMENTS
In the Portuguese land registry
OTHER ASPECTS
REQUIREMENTS
CONCERNING
LEGAL
FORMAL
• If a contract concerning immovable property in a private
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).
FOREIGN DOCUMENTS
In the Portuguese land registry
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)
Electronic conveyancing in
Portugal
Filomena Gaspar Rosa
Registrar
Novembro 2010
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Electronic conveyancing in Portugal