La securite juridique des biens immobiliers en Belgique
Gabele, Francis & Marc Vanderschueren
The paper The Juridical Security of the Immovable Property in Belgiumm describes and analyses the Legal Certainty, but also the flaws in the Legal Certainty, which the owners of immovable property enjoy in the Belgian system. Before broaching the legal certainty as such, it presents the administrative structure of the Kingdom of Belgium as well as the origins of the legal provisions in respect of recordation. The missions and structures of the Federal Departments of the Cadastre, the Registry and the Mortgage Registry Offices before and after the Coperfin reform (the reform of the Belgian Ministry of Finance) are described. The concept of legal certainty is developed mainly by the description of the Path of an agreement on an immovable and on the pricee (path from the compromise of sale to the end of the mortgage loan). GAPD (General Administration of the Patrimonial Documentation) develops and implements its projects, i.a. in respect of legal certainty, in conformity with seven concepts: UNIDENT (identifying immovables in an univocal way); PRECAD (giving a previous identification); etc. Besides, GAPD has concluded numerous agreements and partnerships with the major players of the real estate sector, always with a view to improving the legal certainty, namely with: the Notaries, the Private Surveyors, the Institute of Estate Agents, the Belgian National Geographical Institute, the Provinces, the Regions, the Towns, etc.
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