La nota devolutiva en el proceso de calificación registral : alcance y efectos.

Abstract

The Return Note, figure by which the Property Registrar when it observes that the collections provided in support of the application for registration of the instruments that are presented to the Registry are not sufficient, but which, in turn, does not merit denying It requires the applicant to "complement" or "clarify" and after this operation has been carried out and the required documents have been entered or not, it is that it proceeds to decide on the registration or refusal of the registration. This Figure, although it has been the product of the registry custom and has been understood by many to violate the principle of legality and the qualifying activity imposed on the Registrar, is worthy of study and consideration in the context of a comprehensive and systematic interpretation of the law and through the which is intended to arrive at a more precise conclusion regarding its scope, effects and new paradigms. Recently, a Resolution was issued by the National Directorate of Public Data Registry, by means of which not only is the "Note Devolutiva" defined, but also its use is regularized and limited, which, rather than seeing it from a questionable point of view Due to the nature of the act, its issuing body and the powers it regulates, we can take it as a model of a new scheme that will allow citizens to more effectively defend their rights in the face of irregularities by state bodies, and even visualize a real legislative reform and update.