Registration Of Rights Real. - Will Establish Offices To Verify The Registration Of All Real Rights Over Real Estate, In Departmental Capitals.

Original Language Title: INSCRIPCION DE DERECHOS REALES.—SE ESTABLECEN OFICINAS PARA VERIFICAR LA INSCRIPCION DE TODOS LOS DERECHOS REALES SOBRE INMUEBLES, EN LAS CAPITALES DE DEPARTAMENTO.

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READ FROM 15 NOVEMBER.

REALES.â € "RIGHTS ENROLLMENT Offices are set up to verify the enrollment of all real rights on real estate, in department capitals.

GREGORIO PACHECO

PRESIDENT CONSTITUTIONAL OF THE REPUBLIC.

FOR HOW much: the national congress has sanctioned the following lei.

THE NATIONAL CONGRESS,

DECCRETA:

Chapter 1A °

Janeral Provisions.

ArtA-article 1.A ° No real property right, shall have effect if it is not made public in the manner prescribed in this lei. The advertising is acquired through the registration of the title-sign that the right proceeds, in the respective rejistro of the real rights.

Art. 2.A ° In accordance with the provisions of Article 1481 of the civil code, a central office is established in the capital of each department for the registration and publicity of all the mutations, and for the purposes of the falls on the real estate of that department.

Art. 3.A ° Complied with the prescription of the article first, no inscription shall be made in the case of the record of the rejistro, that the person from whom the right comes, that is to be entered, is the current owner of the goods on the which is to be inscribed. However, in the case of the transfer of the property by cause of death, it may be made of a right from the deceased in the terms of article 551 of the civil code, in order to accept the inheritance.

Art. 4.To ° Only the titles of public writing, the judicial providences that appear of certificates or enforceable enforceable in authentic form and the legally recognized private documents shall be registered.

Art. 5.A ° The writings granted in foreign countries, on real estate located in Bolivia, may be registered in the department's office where those are located, provided that they are duly legalized.

Art. 6.To ° All the titles to be registered, shall clearly designate the name, surname, age, state, profession and domicile of the parties with pressure of their capacity, or that of their administrator A³ legal representative. In addition, the goods subject to the registration, by their nature, situation, number if they have it, name where possible, lA-mitts, and by all other circumstances that serve to make them known clearly and distinctly. The legally approved topogrA plans will be deposited in the office.

The designation of the public corporations or establishments and of the societies, will be made by the name with which they are known legally, with pressure from the address or residence and the address of the establishment.

Chapter 2.A °

Of the titles subject to registration, and effects of the registration.

Art. 7.A ° You will be entered in the register: 1.A clearly specified legal, voluntary and judicial mortgages; 2.A ° the sales contracts, be pure and simple, be dependent on a promise of the future or with subrogation or with -a contract of retraction; 3. contracts of exchange and the contracts of antiresis; 4, A ° of the contracts of compa ± A-a universal or particular governed by the book 3.A °, tA-title 1.A ° of the civil code, provided that one or more of the partners bring to the society real estate, on which you may be able to acquire through the contract property rights, use, room or usufruct; 5.A ° the contracts for the formation of dowry; 6.A ° the contracts or other titles of usufruct, use and housing; 7. In the case of redemption, translation and reduction of censuses or of principal capers, 8.A of the judgments and arbitral awards executed which declare the acquisition of the domain or any other real right; 9. In the case of a contract of a lease for more than five years, the advance of rent or rent by more than one year, and the transfer of the rights of the lessee; 11. resulting from a sale the total or partial price of the buyer in the cases of Article 1451 of the (ii) the term of office of which he has supplied money for the acquisition of a property, according to Article 1452 of the same code and all other criminal proceedings, falling within the scope of Chapter 4 (a) of Chapter 4 (a) of the Civil code; 13.A ° the concessions of mines, quarries or other similar uses; 14.A ° in Janeral all the contracts nominated or nominated, as well as the testamentary dispositions whose object is to create, to transmit, to restructure or to expand real rights, and in cases of succession ab internecato, the self that confers the mission in hereditary possession,

Art. 8.To ° All impediments and prohibitions that limit the right of ownership and the free disposal of goods, such as the following: 1.A ° the enforceable judgments in which a bankruptcy is declared, or (a) admit the transfer of goods or order their expropriation; 2. acts on the basis of which the limitation period is interrupted according to the Chapter 6.A, Section 21, book 3. of the civil code; 3A ° the enforceable judgments in which it is declared unable to a person and to be called a curator, as well as the rehabilitation, and those that confer final possession of the goods of the absent; 4A ° the renunciation of the married woman to the ganancial goods, made according to the case 4.A ° of the article 975 of the civil code; 5A ° the executed sentences in which the separation of the goods is ordered marriage, or the administration is granted to the woman.

Art. 9.A ° They can be in jeneral sign up all the acts and contracts whose security and publicity suits those who request it.

Art. 10. The registration of the titles in the register, may be requested: 1.A ° for which it passes the right; 2.A ° for the one that acquires it; 3.A ° for whoever has the distance representation of any one of them, and 4.A ° for who has interest in assuring the right to be enrolled.

Art. 11. The guardians and any administrator of the property of minors or persons, shall constitute a mortgage, before entering the financial year of his office, the value of which shall be fixed by the respective judge, with fiscal intervention, in proportion to the importance of the administration, which will not be conferred but after the mortgage enrollment is verified in the corresponding grid.

Art. 12. The acts of the guardian and curator who are in charge of the administration of the goods of the minors, without having previously registered the mortgage, are null and void, the acts of pure conservation that can be verified.

Art. 13. If after the registration becomes insufficient the mortgage borrowed for the administration of the goods of the minor or weak, or it disappears, the judge at the tax request, or one or more relatives of those, will order its increase proportional, or the new mortgage capability.

Art. 14. No sign-in subject to registration according to this lei, will take effect against third party, sinA³ from the moment it has been inscribed in the rejistro, in the form prescribed in the previous article.

Art. 15. If, for different acts, the owner has transferred the same real estate to different persons, the property belongs to the acquirer who has previously registered his title.

Art. 16. The preference among mortgage creditors, and between them and the others who acquire any other real rights on the same real estate, will be regulated by the priority of their registration in the rejistro. This provision does not prejudice the right of the Member States in Article 1444 of the civil code.

Art. 17. Since the registration of any of the entries in Article 8 (A) has been made, no registration shall be verified for the obligations of persons who are unable to contract them, which shall be null and void, without prejudice to the

. 18. In the cases provided for in Article 8 (8) (a) and (2) (a), the acts against third parties shall not be opposed if the registration had been made in advance.

Art. 19. It is of no effect the inscription made in the office of a department other than that in which the goods are located. When a inheritance is located in two more departments, the inscription will be fed into the office of each of them.

Art. 20. Mortgages of any kind that are, that exist on the date of this lei, shall be registered within the term of a year, by request of the interested parties or their legal representatives and judicial decree. with the current holder of the goods.

Art. 21. The censuses and chaplaina-as in the term of two years shall be ignored.

Art. 22 The omission of the enrollment in one and the other case will be included in the article 14 disposition.

Art. 23 E1 public ministry, under the responsibility, shall require the registration as determined by Article 20, in respect of the bonds and mortgages in favor of the State, of minors, and other married women, in view of the certificates obtained of the public offices.

Chapter 3.A

Of how to do the ingrations,

Art. 24 The person who requests the registration of a constant sign of public deed, will require the registrar to make the corresponding registration, in view of the orijinal tA-chapter, to write, in addition, to the mA rjen of that one. If the registration is requested by virtue of certifications or judicial execution or private documents, they will be filed in the office of the rejistrator, which will keep them in the form that will prescribe the regulations of the case, granting the respective testimony.

Art. 25. The seat of registration shall contain: the nature of the title, its date and the date of its presentation in the office, plus the time of the seat and the number of the seat; 2. the clear design of the right that forms the object of the registration; 3.A ° the time of its duration when it appears determined; 4.A ° the conformity of the inscription with the orijinal writing, or with the certification or enforceability presented; and 5.A ° all the circumstances that with respect to the tA-chapter prescribes the Article 6.A of the

this lei, and the special ones to which I place the nature of the act or contract to enroll.

Chapter 4.A

Of the preventive annotation and the sub-inscripions.

Art. 26. You may ask for a preventive record of your respective rights in the public register: 1.A ° which will require the property of immovable property, or the constitution, modification, declaration or extinction of any real right; 2A ° obtuviere a su favor providencia de sequestration o como de embargo executed en reales reales del obligor; 3A ° el que en any doomsday obtuviere judgment que cause implementoria, condoer al respondent al compliencia de culido obligor; 4A ° the person in question in order to obtain any of the judgments in Article 8 A °; and 5 A ° the one that presents in the office of the rejistro some tA-title, whose inscription cannot do definitively, for lack of any subsable requirement.

Art. 27. The preventive annotation of the above article will expire if the year of its date is not converted into an inscription. This term can be extended by the judge, when without the fault of the person concerned in the annotation, the phenomenon of the trial has been delayed. The term of the term will be made for a certain time, and will not harm third if it does not settle, in turn, in the respective book of the rejector.

Art. 28. The preventive entry shall be entered in the first four cases of Article 26, where the favourable enforceable judgment is presented, and in the 5th case of the same Article, where it is stated that the cause of the case has been remedied.

. 29. Converted the annotation to the inscription, where all the effects of such an entry are, from the date of the annotation, however of any rights that have been inscribed in the one to the other.

Art. 30 The titles which contain any insubsable fault in the judgment of the rejistrator shall not be entered or entered in the same way in the register. But you will put on them under responsibility and on the act, a charge or a seat of presentation, briefly spresing the reason for having refused your registration or annotation. The person concerned may complain about this refusal before the respective judge, within 30 days of it, demanding that the registration or annotation be verified, which if ordered, will be rolled back to the date of the filing seat. After this term, the preventive annotation of the lawsuit has not taken effect since its date.

Art. 31. They are insubtable faults for the purposes of the previous article: 1.A ° the omission in the title of the name of the one that transmits or acquires the right; 2.A ° the omission of the material right of the contract; 3.A ° the non-determination of the well-mortgaged.

Art. 32. Any contract, judicial providence or other act that in any way modifies an inscription, without being totally in place, shall be reregistered by means of a sub-registration, which shall be entered in addition to the rjen of the amended registration.

Art. 33. Any error of fact committed in the form of the law establishing the registered right or in its registration shall be rectified by means of a sub-registration. But it will not be possible to make this sub-registration but by virtue of the agreement of the parties or of the judicial providence, unless the error has been committed by the rejistador, in which case you will have the rectification with fiscal intervention.

Art. 34. Sub-inccription shall be made with the same clarity and precision as the inscription and only by virtue of the right-to-thymus and the autologous, except as provided in the previous article.

Chapter 5.A °

enrollments.

Art. 35. The registration shall not be held by the registration of the transfer of the domain or actual right verified in favor of another person, and by prescription in the cases in which, by virtue of the same, the right to be refers to the enrollment.

Art. 36. The registration for the expiration of the term fixed for its duration in the title of the registered right, provided that the term is stated in a precise and clear manner. Only in this case can you object to a good third party, the estintion of the right that is not canceled in the public service.

Art. 37. They may be ordered and should be ordered, where appropriate, the total cancellation: 1.A ° when the immovable property of the registration is completely removed: 2.A ° when the registered right is lawfully placed; 3.A ° when the nullity of the title is declared in the the registration is made; 4. when the invalidity of the registration itself is declared, for the absence of any of its essential requirements; 5.A ° when it is credited, the payment or the entry made legally; 6 verify the confusion in the same person, the property of the taxed goods and the right 7.A ° when in the cases of the article 8.A is presented in an authentic way, another providence that accredits having ceased the effects of the first one.

Art. 38. The enrollments or preventive annotations made by virtue of public deed, shall not be canceled by another public writer awarded between the remote parts, or by virtue of the execution of the execution.

Art. 39. Annotations or inscriptions made by virtue of injunctions, shall not be cancelled in the same way as the executing providence that emanates from the same court that espied those.

Art. 40. The extension of any registered right will be the subject of a new registration in which the extended right will be referred to.

Art. 41. The rejistros are public and available to anyone who wants to consult them.

Art. 42. It is the obligation of the registrar to give as many copies and certificates as to be asked for judicial or extrajudicial and to publish in the newspapers the enumeration of the taxed properties. The copies will be free.

Art. 43. Articles 1488 and 1490 of the civil code, as well as any other laws or provisions that are in contradiction with the present, are repealed.

Art. 44. Each office shall be in charge of a rejistrator, who shall be a lawyer, whose appointment is attributed to the executive, on a proposal in the district of the district. For the exercise of his/her duties, you will be granted a competent bail.

Art. 45. The file of the above-guide hA-potecas office, will pass to the office created by this lei.

Art. 46. The executive will regulate this reading by determining both the main and auxiliary books to be carried in each office, and the formalities with which it will open and close each year.

Communicate to the executive branch.

Session room in Sucre, 10 November 1887.

M. Baptista.

Jenaro Sanjináns.

Horacio Rios, secretary-general.

Casto RomA, deputy secretary.

R. Arano Peredo, deputy secretary.

FOR TANTO: I enact it so that it has and meets as I read from the public.

Palace of government. †" Sucre, November 15, 1887.

GREGORIO PACHECO.

The Minister of Justice, Public Instruction and Cult†"

JosálPol.