Principios de legalidad en la inscripción realizada por el registrador de la propiedad.

Abstract

The Property Registrar must guarantee the principle of legality in their registrations, which implies that they must be in accordance with what is dictated by the current regulatory framework; However, in the daily exercise of their function, even if they refuse to register acts, documents or contracts that do not comply with the provisions of the current regulatory framework, the applicant may go to a judge. The data collection carried out, involving theoretical methods such as synthetic analytical and deductive inductive, in addition to empirical methods such as documentary analysis, comparative law and the interview with Property Registrars, allowed to show that there are cases where the judges who intervene do not They are experts in registration matters, ordering invalid documents, acts or contracts to be registered and therefore their decisions cause legal consequences for the applicant, the Property Registrar and himself. Although it is true, the Registrar must refuse to register documents that it considers invalid and justify its decision, by judicial resolution it cannot do so, being penalized if it did so and also respond for the delays caused by its refusal even if they do not comply with the law. enough. As part of the proposal, it is proposed that these judicial processes be carried out before an expert judge in registry matters and in turn the Registrar is allowed an appeal for a single time before the judicial resolutions that order to register legally invalid documents.