THE GRADE REGISTRY OF RESOLUTIONS JUDICIALS. NOTES CRITICS
Keywords:
REGISTRAR’S STATEMENT OF VALIDITY; JUDICIAL RULINGS; STATUTORY ILLEGALITY; UN CONSTITUTIONALITY; VOLUNTARY JURISDICTIONAbstract
Th e registrar’s validation of judicial rulings is subject to criticism. It is evident that, from the time of the primitive Mortgage Act to this day, the appeal system against validation has undermined the role of Judges. In the present system there are two bits of initial data that are not sustainable in terms of its overall consistency. Th ese are firstly the illegality of article 100 in the Mortgage Regulations and secondly the erroneous definition of the work of the Registrar as being the practice of voluntary jurisdiction. The article finishes by putting forward the need for a reform that restores full judicial proceedings as the exclusive means of control of the Registrar’s validation.