The registration principles
Contenido
Los principios registrales son las orientaciones básicas del sistema registral y son resultado de la síntesis del ordenamiento jurídico. Estos principios son aplicables, salvo escasas excepciones, a todo tipo de registros.
Consent
This principle consists of the fact that the Registry always presupposes a registered owner and, therefore, for any modification or cancellation of entries, the consent of said registered owner or his successors in title is required, with the exception of the case of a court order that supplements said consent (for example, the deed that is signed by a judge in default of the defendant and is subsequently registered).
Article 3030 of the Civil Code for Mexico City says about this principle:
Registrations and annotations may be canceled by court order or by consent of the persons in whose favor they are made, without the need to express cause. They may, however, be canceled at the request of a party, when the registered or annotated right is extinguished by law or for causes resulting from the title under which the registration or annotation was carried out, due to a fact that does not require the intervention of the will.
Successive tract
This principle obeys the philosophical concept of causality (only the transmission of what exists previously registered can be registered), that is, the series of acts on the same good leads to the last one. Therefore, an act cannot be registered if the act that gives rise to it is not registered first, that is, the registered owner must coincide with the seller.
Article 3019 of the Civil Code for Mexico City establishes:
To register or annotate any title, the right of the person who granted it or the person who will be affected by the registration must be previously registered or annotated, unless it is a judicial registration registration.
Article 3020 of the Civil Code determines:
Once a title is registered or annotated, another title of the same or earlier date cannot be registered or annotated that, referring to the same property or real right, opposes it because it is incompatible. Incompatibility will only occur when the rights in question cannot coexist.
If only the entry for presentation of the preventive notice has been made, another title of the class expressed above cannot be registered, while the entry is valid.
An exception to the above would be in mortgage matters, which can be executed even if the mortgage is not registered.
Praying
This principle is linked to consent. It consists of asking the Registry to act, because the public registry cannot act ex officio.
For its part, article 3018 of the Civil Code establishes:
The registration or annotation of the titles in the public registry may be requested by anyone who has a legitimate interest in the right to be registered or annotated, by a notary, by judicial or administrative order.
Priority
Also called priority. It is one of the most important registry principles, the usefulness of the registry revolves around it. This principle is that “first in registration is first in law.”
Not the first in time to perform the act, but the first in its record. This is the basis of legal security.
Article 3013 of the Civil Code states:
The preference between real rights over the same property or other rights will be determined by the priority of its registration in the public registry, regardless of the date of its constitution, observing in all cases the provisions of articles 3015 and 3016 of this ordinance.
The real right acquired prior to the date of a preventive annotation will be preferential, even when its registration is later, provided that the notices provided for in article 3016 of this code are given.
If a preventive annotation is made after the presentation of the preventive notice, the real right underlying it will be preferential, even if such notice has been given out of time.
Legality
This principle, also called qualification, confirms the close link between notarial and registry law.
It consists of the registrar carrying out a study of the substance and form of the document to be registered, that is, the document in which the act is recorded must satisfy the form and substance requirements required by law (registration qualification).
Article 3021 of the Civil Code states:
Registrars, prior to the intrinsic qualification referred to in the following article, must register or annotate, as appropriate, the documents that are presented to the registry for registration or annotation, within a maximum period of twenty business days following their presentation, except for the exceptions expressly established in this code or in the registration law.
Legitimation
Legitimation is one of the most important principles of the registry activity, since it is what provides certainty and legal security over the ownership of the assets and their transmission.
Article 3010 of the Civil Code establishes:
The registered right is presumed to exist and to belong to its owner in the manner expressed in the respective entry. It is also presumed that the owner of a domain or possession registration has possession of the registered property.
No contradictory action may be brought regarding the ownership of the property or real rights over it or other rights registered or noted in favor of a specific person or entity, without prior or concomitant filing of a claim for annulment or cancellation of the registration in which said ownership or right is recorded.
Advertising
It is the reason for the Registry, since it was created to provide legal security against third parties, and publicity to the ownership and possession of all real estate and some movable property and to the liens and other limitations that restrict them. It consists of allowing the public to consult the inscriptions.
Article 3001 of the Civil Code establishes:
The record will be public. Those in charge of it have the obligation to allow people who request it, whether or not they prove interest, to find out about the entries and information contained in the registry collection. They also have the obligation to issue certified copies of the registrations or certificates that appear in the pages of the public registry, certifications of whether or not there are entries related to the assets, or to legal entities, that are indicated, and to issue the certificates referred to in article 3016 of this ordinance.
Registration
Every registry entry must be materialized so that the event that was held can be objectively known. The registration can be divided into material, in relation to the act; and formal, in relation to the documents.
This division is due to a discussion: What is recorded, the act celebrated or the document that contains it? We consider that the registry, taking into account its final causes, must register both; That is to say, both a document that covers the requirements of form and validity, in a necessarily instrumental manner, and an act or fact relevant to the parties, which is contained in that instrument but with its own life, independent of that which is the materialization of the legal transaction.
All registration must be recorded in the folios, whether documentary or electronic (art. 21, Commercial Code) or in the registry books.
Specialty
This principle consists of the detailed specification of the characteristics of the object to be registered: nature of the act that gave rise to the real right, names and general names of the people who intervened in the act, date of the title, registrar who authorized it and time of presentation of the document.
This principle, also called specification or determination, requires concentrating the property, the subjects and the registered right. It is regulated in article 3061 of the civil code which says:
The registration entries must express, in addition to what is stated in the preceding article, the following:
I.- Repealed.
II.- The nature, extension and conditions of the right in question.
III.- The value of the assets or rights referred to in the previous section, when in accordance with this code and the registration law they must be expressed in the title.
IV.- In the case of mortgages, the guaranteed obligation; the time in which compliance may be required; its amount or the maximum insured amount in the case of obligations of an indeterminate amount; and the interests determined or determinable in accordance with what is agreed in the instrument, if accrued, and the date from which they must run.
V.- The names of the natural persons or, where applicable, the name or company name of the legal entities in whose favor the registration is made and of those from whom the assets immediately come. When the title expresses the general information, the federal taxpayer registry or the unique population registry key of the interested parties, mention of said data will be made in the registration;
VI.- The nature of the legal event or business.
VII.- The date of the title, number if it has one and the notary or official who authorized it.
If the title presented contains the above, the registrar will not be able to request additional information or document.
Public registry faith
Principle governed by the imperative of public faith, which is why it is called public registry faith. Public faith is a legal imperative or coercion that forces certain facts or events to be true, without us being able to decide in principle about their objective truth.
That is, the public registry faith gives a presumption of existence and validity to the acts issued by the holder of the public registry faith.
Third party registration
This principle is a natural consequence of the principle of registry faith and a little of all of them together.
It consists of the fact that an act will not cause harm to those third parties who, having acquired the property or real right over the same property, have registered the corresponding act.
Article 3007 of the Civil Code provides: "Documents that, according to the laws, are registrable and are not registered, will only produce effects between the parties and not to the detriment of a third party."
Article 3009 of the Civil Code states: "The acts or contracts that are granted or celebrated by persons who appear in the registry with the right to do so, will not be invalidated to the detriment of a third party in good faith once registered, even if the right of their grantor or previous owners is subsequently annulled or terminated by virtue of a title that is not registered even if it is valid or for reasons that do not clearly emerge from the same registry. The provisions of this article will not apply to the last acquirer whose acquisition was ""
The person who registers a real right acquired in good faith and for consideration is called a third party registry, if that right was acquired from the person who appeared as its owner in the public property registry. Once registered, your right is opposable and preferential to any other supposed owner with a previous right, but not registered.
As regards the third party registry, its characteristics are: