The national jurisprudential criteria regarding the prevalence of registered personal right over unregistered real law: special consideration of legal security and public registry faith
Abstract
When a personal property right is enforced against a previously registered personal right, case law prefers the first one. Notwithstanding, an opposite stance is assumed indicating that the enforceability of rights should not occur based on the nature of the enforced rights but based on the publicity they had; otherwise, in most of the cases, the message would be to favor frauds and collusion with the debtor intending to evade the creditor’s right
Downloads
Metrics
Métricas alternativas
Copyright (c) 2009 Flaminio Gilberto Vigo Saldaña
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain their copyrights and register under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows the use of the published material (adapt - remix, transform and build - and share - copy and redistribute - the material in any medium or format).
1. The journal allows authors to retain their copyrights of submitted articles without any restrictions.
2. Authors retain the right to share, distribute, copy, perform and publicly communicate the article published in Revista Oficial del Poder Judicial (e.g., place it in an institutional repository).
3. Authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, notes for conferences, thesis, or for a book), as long as they indicate the source of publication (authors of the work, journal, volume, number and date).
