La responsabilidad derivada de las negativas de inscripción en el tráfico jurídico inmobiliario.

Abstract

As a precedent in the present investigation, it is detailed that there is a lack of a clear procedure so that property registrars can eliminate from the domain history the annotations of registration refusals that expire after two months when the reason that prevented not being practice it, which is dealt with in article 13 of the Registry Law. The objective is to propose a bill to amend article 13 of the Registry Law, in order to unify criteria among property registrars at the national level on the procedure to be carried out with refusals that expire after two months. The methodology used includes a Historical-Logical, Juridical Doctrinal study, with a qualitative approach, in addition to empirical methods in documentary analysis, comparative law; and, the interviews. The results in both studies can conclude with the lack of unification of criteria of the property registrars when interpreting article 13 of the Registry Law with respect to which negative annotations are final and which are those that expire or expire at both. months. As a conclusion, it is intended to design a registry procedure that manages to identify which are the refusals that expire after two months and determine the obligation that the property registrars have to eliminate the refusals that expire after two months from the domain history and encumbrances. that this registration information that is issued through the domain history certificates and encumbrances do not cause damage within the real estate legal market.