The effectiveness of preventive annotation in the protection of property.
DOI:
https://doi.org/10.47796/ves.v2i1.269Keywords:
Preventive annotation, property, protection, precautionAbstract
Objetive: Consolidate the figure of the Preventive Annotation (Registration Law), as a protective institution Predial property.
Method: In essence, was treated in a social research since the field work was to the company and human events (professionals, user registration, public servants, etc.) And specialized, as was done from the particular perspective Registration Law. Data collection was conducted by thesis student, supported by advisers (books, documents and guidance) and made the necessary arrangements with the reality that provided the information: Registry Office of Arequipa (File and Registry Area Sections).
Results: figure consolidates notation as a protective institution built property. Upon completion of the investigation, it was observed that it was developed under the study parameters, but made after the analysis of the collected data could be obtained two proposals to amend national legislation, which were not provided for in the draft research. I'm referring to - just - to the notation for contradictory title, which involves modification of the General Regulations of the Public Records, and the requirement to request annotation injunction demand (as demand admisorio requirement) in all processes where registered rights is discussed, which involves modifying the Civil Procedure Code. These two aspects (proposed changes) arise from the research itself, but it was not provided for in Thesis Project. Conclusion: That notation is an effective and protective of property title (high grade), but knowledge of this legal is minimal, not only by users but also by operators right (public records, lawyers of Public Records, Public Notaries lawyers and independent lawyers).