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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 292.
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the registry system in its real estate branch has ceased to meet its objectives, since the legal regime that the structure does not satisfy the Current needs, which is why it is imperative to make changes to the implementation of a system according to the requirements of the present;
II.-That the Executive Body should be broadly empowered in the the purpose of gradually making the necessary modifications for the change;
THEREFORE,
in use of its constitutional powers and on the initiative of the President of the Republic through the Minister of Justice,
DECRETA the following:
LAW OF RESTRUCTURING OF THE REGISTRY OF THE ROOT PROPERTY AND MORTGAGES
ACT OBJECT
Art. 1. This law aims to regulate the registration of real estate and the legal business that affects them, taking advantage of modern techniques for the conservation and protection of information.
OF THE ORGANIZATION OF THE REGISTER
Art. 2.-The Root and Mortgage Property Registry, as a state institution, is one.
It is administratively dependent on the Ministry of Justice, being the Director General of Records, the Chief of the Institution.
There will be in each of the departments in which the national territory is divided, a Registrar's office in charge of a Chief Registrar. These offices will depend directly on the General Records Directorate.
The jurisdictional limits of each office, except for the exceptions provided for by this law and its regulations, will be the same as the respective department or departments.
The Executive Body in the Land of Justice, on a proposal from the Directorate General of Records, is empowered to form sections of two or more departments, as agreed upon in the provision of good service.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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In addition to what is prescribed in the above, the Regulation will establish the organization of the Root and Mortgage Property Registry.
OF THE HEAD REGISTRAR
Art. 3.-The Chief Registrar of each Registry office shall be appointed by the Executive Body in the Ramo of Justice, on a proposal from the General Directorate of Records. To be a Chief Registrar, it will be required:
1.-To be a lawyer and notary of the Republic, of morality and of notarized competence and citizen in exercise of their rights.
2.-To have at least three years in the exercise of the notary.
To be Chief Registrar of the Office of the First Section of the Center shall be required, in addition to the requirements listed in the ordinal first of the foregoing paragraph, to have held the post of Registrar for a minimum period of three years or have at least 6 years in the notarization exercise.
AUXILIARY REGISTERS
Art. 4.-The Ministry of Justice, on a proposal from the Directorate General of Records, may appoint Auxiliary Registrars in the number to be determined by the Wage Law or to hire this class of officials when the needs demand it, in order to cooperate with the Chief Registrar. The persons designated to occupy such places must meet the requirements set out in the number one and two of the previous article.
When the needs demand it, the Ministry of Justice may provide that the Auxiliary Registrars perform their duties at any of the other Root and Mortgage Property Registry offices established in the Republic, for the purpose indicated in the foregoing paragraph.
Auxiliary Registrars shall have the same (c) powers in respect of the qualification and registration of documents, as well as to extend certifications, reports, and signing trades with the same duties and responsibilities established for the Chief Registrar; the acts in which they will intervene will have the same effect as those of the Chief Registrar.
OF THE REAL FOLIO SYSTEM
Art. 5.-Adopt the "real folio" system for the registration of documents in the Registry of the Root and Mortgage Property.
By means of this system, the registration of the instruments will be carried out on the basis of each property and not of its owner, All legal businesses that relate to a particular estate must be registered in a unitary manner. Each building must be clearly identified.
HOW SEATS WILL BE MADE
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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Art. 6.-The manner in which the seats in the actual portfolio will be made, as well as the data to be contained, shall be established by the Regulation of this Law. Entries in the actual portfolio may be made with copies of the instruments or with a summary of their content. The same regulation will indicate the requirements that the documents must gather to be entered, without prejudice to what other laws prescribe.
OF THE REGISTRATION OF THE REAL ESTATE
Art. 7.-Each property shall have a single registration in the Register. The registration of the farms which, due to their situation, belong to several departmental or sectional jurisdictions will be regulated in the Regulation of this Law.
OF THE TEST OF THE INSCRIPTION
Art. 8.-In each registered instrument, a reason shall be established which shall constitute proof of its registration and in order to have legal effects, it shall be sufficient to be signed by the Registrar who authorized the said registration, or in his absence, by the official to designate the General Management of Records.
INFORMATION PRESERVATION
Art. 9.-The registration information shall be kept in microfilm. All documents submitted to the registration register must be microfilmed in order to keep their contents literally.
When an inscription that has been microfilmed, lost or unusable for any reason, may be Registrar order its replacement by means of copies obtained from the microfilm, which will have the same value as the original inscriptions.
OF THE DAILY
Art. 10.-At each Registry Office, a single Journal may be carried out to settle in a single chronological and consecutive manner, the receipt of all kinds of documents, provided that this does not cause delay in the provision of services.
The opening and closing of the day's operations that will settle in the Journal will be signed by the Head of the respective Unit.
OF THE REGISTRATION OF THE DECLARATIONS OF HEIR AND WILLS
Art. 11.-In the Register of the Root and Mortgage Property, the declarations of the heir and the wills shall be entered, only where in the succession there are real rights that fall on real estate.
OF THE REGISTRATION OF THE STATEMENT EXECUTION
Art. 12.-The execution of the sentences in which the absence, the presumed death or the civil capacity of the persons is declared shall be entered in the Registry of the Root and Mortgage Property, only when the person affected by the sentence, is a holder of rights registered in that Register.
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OF REGISTRATION OF PREGOD FOR PUBLIC PATHS
Art. 13.-The railway, canals, tramways, roads and public streets as such will not be entered in the Root and Mortgage Property Registry; but the property acquired by the State or some other institution of Public Law for those purposes, so they will be entered in that Register.
LEGAL VALUE OF ENROLLMENTS IN REAL FOLIO
Art. 14.-The inscriptions which are carried out in accordance with the provisions of this Law shall have the same legal value and shall have the same effects as the inscriptions referred to in Article 681 of the Civil Code.
QUALIFYING CRITERIA
Art. 15.-In order to achieve a uniform application of the Law, the General Directorate of Registers may be empowered to issue general guidelines, the content of which will be mandatory for registrars in the case of cases.
OF THE EXPEDITION OF CERTIFICATIONS BY MICROFILM
Art. 16. Certification of the inscriptions may be issued using the copies obtained from the microfilm thereof. These certifications will have the same legal value as those for the original inscriptions.
OF PROPERTIES IN THE PROCESS OF LOTIFICATION
Art. 17. In order to facilitate the implementation of the real portfolio system, owners of rural or urban real estate that are in the process of being a lotification and who have already made dismemberment upon the entry into force of this Law, must manifest in public and under oath, the superficial extent to which such buildings have been reduced. These scriptures shall be submitted to the Registry, accompanied by a plan authorized by the organizations that in accordance with the legal regulations, must approve the lotifications.
The inscription in the Registry of the writing to which it refers The foregoing paragraph shall be an essential requirement for the registration of subsequent transactions which the owner carries out with the building which is being made available; the superficial extension thus declared shall serve as the basis for the control of the The enrollment of the aforementioned transactions.
Except for the required in this article, transactions to be made on the occasion of the land reform, as well as the acquisitions made by the State through expropriation.
THE REGISTRATION FEE
Art. 18. The payment of the registration rights shall be made in accordance with the provisions of Articles 48, 49 and 50 of the Regulation of the Registry of the Root and Mortgage Property promulgated by Legislative Decree dated May 14, 1897, published in the Official Journal of 25 June of the same year and its corresponding reforms, as well as what is available in special laws in this respect.
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The literal certification of records not specified in the related articles in the preceding paragraph, will cause the payment of three colons of right, per document, plus one colon for each of the sheets of the certification
OF THE GRADUAL IMPLEMENTATION OF THE REAL FOLIO SYSTEM
Art. 19.-The implementation of the system of real estate within the various offices of the Registry shall be done gradually, in accordance with the provisions contained in the Rules of Procedure of this Law. For this purpose, a maximum period of 6 years counted from the validity of this law would be stated.
FACULTY TO INCORPORATE CHANGES THAT WILL ENCOURAGE REFORM
Art. 20.-Facultate the Executive Body in the Ramo de Justicia to incorporate the registration system, those necessary changes aimed at promoting the reform, as well as the technological advances, provided this provides security legal and greater efficiency in the provision of the registry services.
OF THE VALIDITY OF THE PERSONAL PORTFOLIO SYSTEM
Art. 21.-Because the implementation of the real portfolio system will be done gradually, the legal regime established for the personal registrations will be in force for those documents that would have been registered in this system.
No Notwithstanding the foregoing, in order to expedite the registration, the Executive Body in the Ramo of Justice may determine the partial application of the provisions of this law in the registration of such documents.
PREEXISTING LEGISLATION
Art. 22.-The provisions contained in the Civil Code, in the Regulation of Registration of the Root and Mortgage Property and other laws and regulations related to the registration of real estate, will be applicable to the system of real folio, as soon as they are compatible with such a system and would not be contrary to the provisions of this law.
OF THE REGULATION
Art. 23.-The President of the Republic shall decree the corresponding Regulation for the application of this Law.
Art. 24.-Derogase Legislative Decree No. 1874, dated June 24, 1955, published in Official Journal No. 119, Volume 167, of the 28th of the same month and its subsequent reforms.
LAW ENFORCEMENT
Art. 25.-This Decree shall enter into force from the twenty-sixth of May of one thousand nine hundred and eighty-six.
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, on the thirteenth day of February of a thousand nine hundred and eighty-six.
Guillermo Antonio Guevara Lacayo, President.
Alfonso Aristides Alvarenga, Hugo Roberto Carrillo Corleto, Vice President. Vice President.
Macla Judith Romero de Torres, Carlos Alberto Funes, Secretary. Secretary.
Pedro Alberto Hernández Portillo, José Humberto Posada Sánchez, Secretary. Secretary
Rafael Moran Castañeda, Ruben Orellana Mendoza, Secretary. Secretary.
CASA PRESIDENTIAL: San Salvador, at the nineteenth day of the month of February of a thousand nine hundred and eighty-six.
PUBLISH, JOSÉ NAPOLEON DUARTE,
Constitutional President of the Republic.
Julio Alfredo Samayoa h., Minister of Justice.
FIRST PUBLICATION: D. O. NO. 33 TOOK NO. 290 DATE: 19 February 1986.
SECOND PUBLICATION: D. O. No. 40 Bis TOO No. 290 DATE: February 28, 1986
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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EXTENSION: D.L. NO 279, JULY 2, 1992; D.O. NO. 136, T. 316, JULY 23, 1992. (Due term ended May 26, 1995)
REGULATION:
D.E. Nº 24, 29 APRIL, 1986; D.O. Nº 76, T. 291, APRIL 29, 1986. REFORM TO REGULATION: D.E. NO. 47, OCTOBER 4, 1988; D.O. NO. 183, T. 301, OCTOBER 4, 1988.
SV/mldeb 22/09/05
SV/ngcl 7/7/11
