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Clausula intabulandi
What is Clausula Intabulandi? Why is it needed and who issues it? In every purchase and sale or any other way of acquiring and transferring rights to real estate you come across the legal term Clausula Intabulandi, which represents one of the essential elements of many contracts. Surprisingly, although buyers require it from the seller when entering into a purchase and sale contracts and despite its importance for the registration of real estate ownership rights in the land register, its precise definition is nowhere to be found. Therefore, in this article we will present you with more information regarding the Clausula Intabulandi.
Conclusion of a real estate purchase and sale contract
According to the Act on Property and Other Real Rights (official gazette “Narodne novine” nos. 91/96, 73/00, 114/01, 79/06, 141/06, 146/08, 38/09, 153/09, 143/12, 152/14, 81/15, 94/17), the right of ownership over a real estate is acquired by registration of the acquirer's ownership right in the land register as required by law, i.e. on the basis of validly manifested will of the previous owner of the real estate aimed at the transfer of his ownership to the acquirer.
Civil Obligations Act stipulates that a real estate purchase and sale contract must be made in writing, since the conclusion of such legal transaction in oral form would not only be absurd but also difficult to prove. Such a contract must contain a description and information about the real estate that is the subject of the real estate purchase contract, the price the buyer is required to pay to the seller, obligations of the seller and the buyer, and information necessary for the registration of ownership rights in the land register. It should be noted that upon signing the purchase and sale contract, the seller is required to hand over the subject real estate to the possession of the buyer and to issue to the buyer a quitclaim deed, called Clausula Intabulandi, on the basis of which the buyer will be registered as the owner in the land register, while the buyer is required to pay the purchase and sale price.
Registration of ownership in the land register
Thus, the mere fact that you signed a real estate purchase and sale contract, paid the costs of signature certification and sales tax, and paid the purchase price as a buyer, does not mean that you became the owner of the real estate. It is necessary to register the ownership rights as you become the owner of the real estate only after the registration of the real estate ownership rights in the land register.
Registration of ownership rights in the land register is carried out on the basis of a quitclaim deed, called Clausula Intabulandi. The Clausula Intabulandi can be issued at the conclusion and certification of the purchase and sale contract, thus making it an integral part of such contract, but it can also be issued as a separate document, independent of the contract. In both cases, it must be certified by a court in order to be valid.
In other words, the Land Registry Act itself stipulates that private deeds, such as a purchase and sale contract, on the basis of which the registration is permitted, must also contain an explicit statement of the person whose right is being limited, encumbered, revoked or transferred to another person to consent to registration. Such a statement may also be issued as a separate document, but in such cases, the document must contain everything required for registration. The person whose right is being limited, encumbered, revoked or transferred to another person can give their consent for the registration conditionally or for a limited time by an explicit statement in the document.
Clausula Intabulandi
In accordance with all of the above, with regard to the purchase and sale of real estate i.e. apartment, house or business premises, Clausula Intabulandi is a statement by which seller of the real estate gives their consent for the buyer of such an apartment or a house to be registered in the land register as the new owner, without the need for further consent or presence of the seller.
Therefore, we could define the Clausula Intabulandi (quitclaim deed) as a statement by which the party, who will lose their registered right (for example the seller of the real estate) or whose registered right shall be limited or encumbered, explicitly allows the registration in favour of the counterparty, i.e. the buyer of the real estate. Put differently, this means that with this statement, the seller has enabled the buyer to independently and without issue register themselves as the new owner of such a real estate.
Also, in addition to being certified, the Clausula Intabulandi must also contain all the mandatory elements, namely the correct information on the real estate and the addresses of the seller and of the buyer.
It is important to note that in order for the buyer to submit an application for the registration of real estate ownership based on the purchase and sale contract, it is important to submit to the court a certified Clausula Intabulandi issued by the seller (if it is not already an integral part of the contract or contained in the application for registration).