Complementary acts necessary to preserve the acquisition by transfer of properties registered in the property registry of Peru

Quispe G.A.C. · Boletin Mexicano de Derecho Comparado (2024) · DOI: 10.22201/iij.24484873e.2024.169.19044

Resumen

Property registered in the real estate registry plays a very important role in Peruvian society; it can be acquired by simple consensus between the buyer and the seller, without the need to carry out any complementary act. However, if the acquirer does not register his right in the registry, he could be stripped of his right by another acquirer. Given this reality, the objective is to determine the actions that every acquirer must take to preserve their rights against other possible owners. The research is documentary type, the legal argumentative method has been mainly used. It is concluded that, to preserve ownership of a registered property, it is necessary to carry out the complementary activities indicated in article 2014 or article 2022 of the Civil Code. These activities must be complemented with the obligations indicated by the jurisprudence of the Supreme Court of Justice and in the ruling 207/2020 of the Peruvian Constitutional Court, the fundamental requirement being that the registration be registered in good faith based on diligent and prudent action.

Instituciones: Universidad Privada de Tacna