2844.19 - The Registration of Property, Mortgages, and other Securities
The Registration of Property, Mortgages, and other Securities
Upper secondary education or the equivalent.
The purpose of the course is to give the students knowledge and competencies, as expounded further below, in the law of the registration of movable and immovable property, mortgages, and other securities.
The course is divided into two parts, one on the law on registration of movable and immovable property and the other on the law of mortgages and other charges. The course is arranged in a way that teaching in the two parts to some extent so that the student through the teaching acquires basic knowledge on the theoretical and practical interaction between the two parts. The part on the law on registration of movable and immovable property, covers amongst others the following subjects: - Going through the law on registration and other relevant legislation - Registration as a function in society and inter partes - Basic requirements and concepts - Which rights can be registered and which rights require registration, including the concept of immovable property - How registration is carried out, including which requirements the documents submitted for registration are to meet, how the records are examined and processed, on conditional documents, - Registration of movable property and other registration - Registration in the vehicle registry - Registration in the personal registry - the legal effect of registration The part on the mortgages and other securities covers, amongst others, the following subjects: - Description of the mortgages and securities - Mortgages and personal debt - Mortgages and security deeds - Individualization and identification of the pledged object - On the transfer of the mortgage - On the mortgage termination - On the matters between the mortgagor and the mortgagee. - Mortgages in immovable property. - Mortgages in accessories and components. - The matters between several mortgagees with mortgages in immovable property. - Movable property mortgage, including registration in the vehicle registration and registration in the personal registration. - Corporate mortgage and mortgage in receivables - The right of retention.
Learning and teaching approaches
Approx 40 hours. The course consists of lectures, student presentations, critical discussion, and the application of assigned readings.
After completion of the course, the students shall, among other things, be able to: - Explain important rules within the area of the law on the registration of movable and immovable property and of mortgages and other securities and how they are interrelated. -Explain the underlying considerations behind and rationales for important concepts and rules within the law on the registration of movable and immovable property and mortgages, and other securities. -Identify problems regarding the law of registration on movable and immovable property and mortgages and other securities in particular cases and conflicts. -Analyse and evaluate arguments for and against different solutions of such cases and conflicts and make well reasoned proposals on how to solve them. - Present and formulate knowledge and arguments on the law on the registration of movable and immovable property and of mortgages and other securities correctly and succinctly in eloquent and correct language.
A multiple-choice exam early in the course will constitute 1/3 of the grade. A final written 4-hour exam at the end of the course will count for 2/3 of the grade. It is a precondition for attending the final written exam that the multiple-choice exam is passed, assessed as a separate exam, and it is further a precondition for passing the course as such that also the final written exam is passed, assessed as a separate exam. Only one grade will be given for both exam components
Hans Willumsen, Lærebog i tinglysning, 3rd edition, Jurist- og Økonomiforbundets Forlag 2004. Bent Iversen, Panteret i fast ejendom og løsøre, Thomson GAD Jura, 1st edition 2000. Additional materials, as court judgments and legislative preparatory works, available on the Moodle network prior to teaching. Collected materials approx 400-500 pages.