Abstract

BAREA MEDRANO, Emilio. Good faith as a sine qua non condition for the real state registry preference. Rev Cien Cult [online]. 2015, vol.19, n.35, pp.9-32. ISSN 2077-3323.

In our midst, due to manifold reasons, conflicts arise among two or more people who claim the ownership of the same immovable property. This situation requires the judiciary to establish which of them is the true owner of such property. To that end, the Civil Code establishes a preference rule which benefits the person who first registered the property in the real state records. Nevertheless, reading the text of the Civil Code in regards to such conflicts, a problem arises concerning whether good faith of the third party is required to grant the preference at hand, or it is enough to have the property registered. In relation to this matter, the author endorses the position acknowledging the need to consider good faith in claiming the property, in order to be benefited with the preference set forth in the Civil Code, considering the nature of the legal institute and its exceptional protective aim.

Keywords : Property; preference; double sale; good faith; registry; real state; third registration.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )