Abstract

LATINO, Jorge Alberto. The influence of the Spanish Property Registration Law in Argentina in the light of the Bicentennial. Rev. hist. derecho [online]. 2016, n.52, pp.65-100. ISSN 1853-1784.

This work shows the influence of Spanish Registration Law in the Argentine legal system, especially through the Offices of the Spanish Mortgages and the Mortgage Law. Arguments that led Velez Sarsfield to modify characteristics of the Spanish system regarding the acquisition of rights in rem are studied, and also the prominence he gave to the possessory advertising over the registration of rights in rem other than mortgage, keeping there the existing Offices with modifications. Doctrine and jurisprudence subsequently occurred against the creation of provincial Records that added requirements for the transmission of real rights is analyzed. Finally the influence of the Spanish Mortgage Law of 1861 and its amended in 1944 and 1946 in the law 17.801 will be shown, as well as the amendments made by the Civil and Commercial Code of the Nation.

Keywords : Office of Mortgages - Spanish Mortgage Law - Law 17.801 - Civil and Commercial Code of the Nation - Registral Law.

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