What is the property registry in guatemala?
The certifications are copies, transcriptions or transfers, literal or in relation, of the content of the Registry, that -prior to their professional treatment by the Registrar-, constitute the means to credit reliably the mortgage situation of the properties and rights.
The means of requesting, and obtaining, a Certification is in writing on paper. It must be requested in person, at the corresponding Land Registry. However, recently the possibility of obtaining telematic Certifications has been implemented, with a recognized electronic signature of the Registrar.
However, the creation of new figures of real rights in practice is difficult, since they should meet the structural requirements of real rights, such as immediacy or absoluteness.
The Land Registry allows the registration of other rights, even if their real nature is not always clear. Thus, it allows the registration of: the statutes of horizontal property; leases, subleases, assignments and subrogations of the same on real estate; the right of return of leases; administrative concessions and mortgages on them; acts deriving from compulsory expropriation, or administrative enforcement; prohibitions of disposal permitted by law; or the causes of termination of registered rights, among others.
Colombian Property Registry
The measure is part of the modernization and technological innovation policies carried out by the National Directorate of the Registry of Motor Vehicle Ownership, as well as those of federalization and reduction of the number of vehicles in the country.
In what will be a before and after in digital services and a transcendental step towards a more modern, closer and agile State, as from July 10, citizens may obtain the digital format of the identification cards for cars, motorcycles and motorcycles…
On December 26, the first pledge contract in fully digital format was registered with a private creditor, corresponding to a cargo transport vehicle of the Mercedes Benz company.
Owners of land registries
The Land Registry can also be defined as the institution that, in order to strengthen legal security in real estate, has as its object the registration of the constitution, transmission, modification and extinction of real rights over real estate, as well as judicial decisions relating to the capacity of persons and leases and option contracts. The study of the Land Registry corresponds to real estate law.
Roman law has traditionally been considered the prototype of the clandestine system in real estate transactions. This clandestinity was due to various reasons, including technical ones such as the lack of dissemination of the document.
The problems posed by the cases of double sale or sale of estates as free, being encumbered, were not faced from the preventive point of view, but repressive, through the figures of the actio auctoritatis and the crime of stelionato.
In these periods, the mancipatio and the in iure cessio fell into disuse and the traditio became generalized, turning the transfer of real estate into a private and secret act. It is then when the characterization of Roman law as a clandestine system appears, especially when the transfer of possession is spiritualized through the various forms of traditio ficta.
Registration in the land registry
The registry institution was born out of the need to keep an account of the real estate for each owner, that is, a purely administrative purpose without publicity effects. But before such necessity it became evident with the clandestinity of the charges and the encumbrances that fell on the real estate and it was such, that it was impossible to know the situation of these, it is for that reason that its administrative reason passed to that of publicity, that brings with it, to offer security in the juridical real estate traffic.
Subsequently the state recognized this attitude for its administrative organization destined to give publicity to the constitutions and transformations of certain legal situations of persons as well as of things.