Legal effects of Registration

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A) Internal effects: effects to the right itself and the entitlement

a) Registration and the process of transfer/acquisition of property rights

 

Constitutive vs. declarative

Declarative

 

Compulsory vs. voluntary

Voluntary

 

b) Effects to legitimize the owner

 

Legal presumptions. Registration as evidence of the right

Yes

 

Effects of registration and possession: adverse possession

No

Remedies and procedural actions derived from registration: actions derived from registration.

Claim to the Central Registrar and after it – to the court

 

B) External effects: effects to third parties

 

Negative effect: opposing effect of registered rights against non registered rights.

 

Yes

Positive effect. Indefeasibility principle. Bona fides effect. Requirements

No

 

C) Different kinds of registration and its effects:

a) Class of title

Register of Rights

b) Type of entry

Register

c) First registration limitations

No

d) Type of information: physical data/ legal data, associated data…    

Legal data