Browsing by Author "Yessenia Yannet, Sosa Zavaleta"

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    Autoavaluos municipales y buena fe del adquirente registral en la reivindicación de inmuebles
    (Universidad Nacional de Trujillo, 2016) Alexander Mendoza, Miranda; Yessenia Yannet, Sosa Zavaleta
    The present investigation has as fundamental intention demonstrate that, under certain circumstances, documents that normally have a tributary scope, nowadays, can be used effectively to spoil the information that offers the own Public Record of real estate. We refer to the sworn statements of municipal autoevaluations; which come being used by the owners who did not inscribe his right of property in the Record against those that, having acquired later the same building managed to inscribe his acquisition. This type of cases that they come meeting on relative success in the jurisdictional area it has put in evidence a quality, still not very secondhand, of the mentioned sworn statements; which is, that of being public documents and, as such, capable of facing to the very same information registral. The municipal autoevaluations so that they turn into solid instruments of defense into the judicial procedures into those that the recovery of real estate discusses. The existence of certain situations in which you present that they buy legitimately a certain property and, for diverse reasons, they do not inscribe his property; they can make prevail his right like that acquired opposite to the appearance of a later buyer with inscribed right, spoiling the good faith of the latter with the aid of documentary information, which not necessarily they come from the Public Record of the Property Building, but ix from sources extraregistrales, equally public, since it is the case of the Municipal Autoevaluations. The possible affectation or consolidation of the beginning of good faith that, as consequence of the valuation of the information extraregistral contained in the alluded autoevaluations, he supposes in the juridical sphere of the (buying) involved buyers constituted, for yes alone, a sufficient motive for the accomplishment of the present thesis.