Qualification.
Each document that appears for inscription
is reviewed by the recorders responsible for the
qualification of the same one. If it has defects
they are written down provisionally.
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Public Registry
250,000 inscriptions are
in risk
They will expire in
November if you do not correct it
Did you present documents
for inscription of property, houses, vehicles, public
companies or mortgages in the Public Registry before
November of 1998? If your answer is yes, go to the next
question.
Did you verify that these
documents were enrolled properly? If its answer is
negative: Do it already!
This is the
recommendation of the authorities of the Public
Registry, because this November 250,000 defective
documents presented before November 1998, will expire.
With the lapsing they would be cancelled or lose effect.
That is to say, for the Registry those legal acts or
contracts were not made.
The risk is that if, for
example, you bought a property and the transaction was
not enrolled in the register, the person who sold
you would continue being the proprietor and therefore in
bad faith could return to re-negotiate the property.
Negligence
In agreement with Dagoberto
Sibaja, director of the National Registry, there are
214,991 documents corresponding to properties and
corporations, in addition to 34,531 documents related to
vehicles.
The total number of
249,522 represents one fifth of the total of
inscriptions in the Registry for Real estate (1.289.000)
and half of the inscriptions in a year. In the 200, the
National Registry registered 493.262 documents.
The cause of the problem
with the documents, appear to have defects that range
from names or mistaken numbers to missing of stamps.
Those problems were
detected by the registrar at the time of making the
qualification of the data, which is normally made within
eight days after presentation.
After that time, it is
necessary that the notary verifies that the inscription
is correct. Nevertheless, in these cases it was not done
and for that reason they were placed in the category of
provisional annotations of article 468 of the Civil
Code.
Possible sanctions
Why were the errors not
corrected after five years? The only answer is that
neither the notaries responsible for that nor the
interested parties verified the inscription.
The difference is that
with the previous legislation those provisional
annotations did not expire, but from the use of the new
Notarial Code they have maturity date.
For the director of the
Costa Rican Institute of Notaries (Icoden), Marco
Antonio Jimιnez Carmiol, these problems should never
have occurred because it is of the professional in
profession of notary to make sure that all the
requirements are fulfilled.
"If the document is
properly authorized, there are no errors, to the rights
and the stamps were paid. By experience, I know that in
two weeks already they are enrolled. It is always good
that people verify such.
The negligence of the
notaries, according to the Code that regulates the
exercise of the profession, establishes sanctions of
suspension up to six months for the delays in the
inscriptions. |
