THE INTERVENTION PUBLIC IN THE GESTATION AND SETTING OF THE RIGHTS REAL: THE REGISTRY OF THE PROPERTY

Authors

  • Nicolás Nogueroles

Keywords:

TITLE REGISTRATION; RULE OF LAW; INDEFEASIBLE TITLE; OVERLAPPING; STATE GUARAN TEE; INDEPENDENT CONTROL

Abstract

Th is essay describes the role of the State in protecting and defi ning property rights. Land Registry belongs to the State and is the mechanism to obtain an indefeasible title. It provides reliable and exact information in the market. Within the various Land Registration systems, Title by Registration is the most secure and efficient representing a break with the former model cutting off the retrospective searches. Notary function rests in the contractual sphere not overlapping with the Land Registry. Th e regulation is performed by the Land Registry.

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Published

2020-05-25

How to Cite

Nogueroles, N. (2020). THE INTERVENTION PUBLIC IN THE GESTATION AND SETTING OF THE RIGHTS REAL: THE REGISTRY OF THE PROPERTY. Teoría & Derecho. Revista De Pensamiento jurídico, (5), 38–65. Retrieved from https://ojs.tirant.com/index.php/teoria-y-derecho/article/view/263

Issue

No. 5 (2009): Autonomy of the will and registry control

Section

Debates