Facultad de Derecho y Ciencias Sociales

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Author: search.filters.author.Requena Saldarriaga, Víctor HugoLanguage: search.filters.language.UNKNOWN KEY spa

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    El fraude inmobiliario y la vulneración de los principios registrales, en el distrito de Carabayllo 2018
    (Universidad Privada de Trujillo, 2018)
    Requena Saldarriaga, Víctor Hugo
    ;
    Cruz Vegas, Guillermo Alexander
    In the present investigation it was proposed to investigate that a social and legal problem such as property fraud very present in our society, violates the principles of registry law, in that sense it was proposed as a statement of the problem: What registry principles violate real estate fraud, in the district of Carabayllo 2018 ?, having justified our investigation that should solve this social and legal problem that afecte too much the legal security of the country, what was sought was to determine which registry principles are violated with the real estate fraud that is increasingly common in our society, and there is no action to counter it. The hermeneutic method was used to interpret the articles referring to the registration principles included in both the Civil Code and the general regulation of public records, in order to unravel the content and scope of these rules; and confirmed the hypothesis that: The real estate fraud violates the registration principles of enforceability, legitimacy and public record, after analyzing and discussing the results, which are the legislation, doctrine and jurisprudence on registration principles and real estate fraud.
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    El sistema consensual de transmisión de la propiedad inmueble y fraude inmobiliario en el Perú.
    (Universidad Privada De Trujillo, 2019)
    Requena Saldarriaga, Víctor Hugo
    ;
    Moreno Gálvez, Marco Antonio
    In this investigation was taken as a problematic situation that states that while 949 gives us freedom of form to transfer real estate, there are other devices such as 1135 (concurrency of creditors in which registration is privileged) and 2012 of CC (beginning registry advertising), which privilege registration; then, this can cause that for example a person sells with freedom of form (a minuta even with legalized signature), and as the inscription is not obligatory requirement (while it is not agreed or arranged by a special law), the other part does not register ; later, the seller resells the property to another person; but this one inscribes, then who wins ?, According to the last devices (Articles 1135 and 2012 of the CC) the subject that registered his Right in Public Registries, even this last buyer has colluded with the seller to cause damage, this It's real estate fraud too. In this sense, the following statement was prepared: In what way does the consensual system of transmission of real property, contemplated in article 949 of the Civil Code, encourage real estate fraud in Peru ?, proposing as a tentative response that: "the system Consensual transmission of real property, referred to in Article 949 of the Civil Code encourages property fraud, given that it allows individuals to agree to a transfer with broad freedom of form, which can often mean abuse by any of the parties, attending mainly to the normative inconsistencies that our same legal order contemplates, such as those of privileging the registry inscription above the agreement between the parties ", After the use of the exegetical method, it allowed us to unravel the sense and correct meaning of the normativity that is related with the object under study, and with the dogmatic method we were able to enter the studio doctrinal of the legal categories that are closely related to the institution studied. In this simple investigation, a survey was conducted of 10 lawyers who work in the area of real estate transfer, in order to collect valuable information through their experience in the field that is the object of study. In the end it was possible to verify the hypothesis reaching the conclusion that the consensual system of transmission of real property, referred to in article 949 of the Civil Code encourages real estate fraud, given that it allows individuals to agree on a transfer with broad freedom of form, which can often mean abuse by one of the parties, mainly addressing the normative inconsistencies that our legal system contemplates, such as privileging registration over the agreement between the partie.