Legalizer in land registry matters
A legaliser is a person who is allowed to confirm ( authenticate ) the authenticity of signatures in land registry matters in the Austrian federal states of Tyrol and Vorarlberg . This activity only affects the signature of private individuals ; in other federal states it is reserved for notaries and other bodies ( courts , surveying offices , other authorities).
Basics
When the land register procedure was reorganized in the 19th century, there were not enough notaries and other offices in some areas of Tyrol and Vorarlberg to be able to carry out such certification. In addition, the access to these places from the many kilometers long valleys would have been unreasonably long in order to be able to receive a signature certified merely by appearing in person (applications for land registers could also be submitted by post, so that the personal appearance for signature certification was almost the only organizational obstacle a land registry).
The function goes back to two laws from the years 1897 and 1900. These are mainly Article X of the "Tiroler Landbuchsanlegungsreichsgesetz", which is the law whereby, in the event of the introduction of the land registers in Tyrol, some special land register provisions and simplifying fee regulations are introduced and restrictions on the division of buildings according to material proportions are introduced and the similarly named " Vorarlberg Land Register Law "
The legalizers are allowed to collect fees for their work, which are regulated in an ordinance of the Ministry of Justice. This ordinance was last issued in 2001. The legalization fee is based on the amount specified in the contract.
procedure
The legalizer can only process the certification if community citizens of the respective community are involved, furthermore only for contracts and other documents for which a certified signature is necessary for entries in the land register ( property purchase agreements or property exchange agreements, loans , servitutes , real charges , Land register law anchoring of endowments in transfer contracts etc., but no car purchase, no company formation, no notarization of corporate law transactions). He confirms that the signature on a document was actually made by the respective person. The signature must therefore be made in front of him or at least recognized (as his own signature). Such certifications are only valid for land registers in Tyrol or Vorarlberg.
It is therefore not necessary to have a signature certified by a court or a notary. However, the legalizer does not check the legal content of a contract and therefore does not provide legal advice. In order to have a signature certified by a legalizer, the person concerned must be known personally to the legalizer or the identity must be verifiable by witnesses. It is not sufficient to present an official photo ID.
This procedure has the advantage of being quick, simple and cheap for those concerned (it is not even necessary to have an official ID), but can - since the legalizer does not provide legal advice, i.e. cannot warn of traps or ambiguities in a contract - in individual cases also bring dangers.
The deeds must comply with the formal requirements for land register deeds, so several sheets of paper must be bound (this is normally done by the document creator, e.g. a bank), otherwise they will not be recognized by the land registry.
organization
Whether a legaliser is active in a municipality is usually stated on the municipality's homepage, e.g. B. in the communities of St. Johann in Tirol , Tarrenz or Innerbraz .
The affairs of the legalizers belong to the administration of justice , which is regulated in more detail in the rules of procedure of the courts. Legalizers are appointed by the President of the Innsbruck Higher Regional Court (who is also responsible for Vorarlberg) at the suggestion of the municipal board and are subject to official secrecy .
Under the rules on the freedom to provide services, lawyers do not have the right to be appointed as legalizers.
Individual evidence
- ↑ Tyrolean Land Register Law, Austrian Law Gazette No. 77/1897, pp. 401–403.
- ↑ Vorarlberg Land Register Law, Article IV, pp. 77–78.
- ^ Ordinance of the Federal Minister of Justice on the fees of legalizers in Tyrol and Vorarlberg, Austrian Federal Law Gazette II No. 297/2001.
- ↑ Section 8, Paragraph 1, each of the Tyrolean and Vorarlberg Land Register Laws.
- ↑ Decision of the Supreme Court of November 6th, 2007, 5 Ob 234 / 07h , legal sentence number RS 0122967: “The legislators did not understand the legal development relevant for notaries and courts in the direction of an identity check using a photo ID. The authentication by the legalizer on the basis of a (mere) identity check on the basis of a photo ID is therefore not covered by the unchanged wording ... To this extent, however, there is also no legal loophole to be closed by analogy . "
- ↑ Legaliser in St. Johann in Tirol.
- ↑ Legalizer in Tarrenz
- ↑ Legalizer in Innerbraz. ( Memento of the original from June 17, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Rules of Procedure for Courts of the 1st and 2nd Instance, Section 11, Paragraph 1, Item 5 ..
- ↑ recognition of the Administrative Court of 15 October 2003 2002/12/0064 process.
