Cover LAW AND BUSINESS
By Marcos Ibargüen

"Registro de la Propiedad"


Recently, the Registro de la Propiedad found its way into the cyberworld. Although the process of modernization is under way (General Business Machines- GBM- is carrying out the project), phase II will not be complete until 1997. At present, all archives, annotations, mortgages, and registry inscriptions are written by hand in huge, obsolete books, difficult to handle and prone to outdoor weather, bugs, mildew and fire.

Nevertheless, these changes --highly useful and of great benefit in general-- do not solve some of the main registration problems. A registry office is of great importance, most obviously to guarantee the fundamental right of property. But another issue--closely related to property--is not so evident: the role the registry plays in the market financial system. It must be a source of information that does not prejudice, but records all existing properties so they may be fairly taxed.

The problem starts with the following: Properties can be affected by previous mortgages, which usually are not registered. There is no index to insure that properties which have been previously registered, will not be registered again. There is no personal register where properties of any kind are mentioned. Neither is there a register to establish where tax preferences should be paid over accounts payable or inventories.


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February, 1996