The registration faith is defined as the quality that the State grants to a number of people by virtue of which the facts they reflect are considered true and truthful, producing the privileged effects that the Law grants them.
Public faith in the Civil Registry appears determined within the formal Civil Registry. Article 2 of the Civil Registry Law establishes that the Civil Registry constitutes proof of the recorded facts, so that the inscriptions of said Public Registry become not only a privileged, but also exclusive proof, so that to challenge a fact registered in said Registry, It is essential that, at the same time, the correction of the corresponding registry position begins. The basis for this is based on the presumption of accuracy of the recorded facts. (public registry), where it must be concluded that the registry records attest to the fundamental circumstances of the corresponding registry: the existence and effectiveness of the recorded event, the subjects involved and the time and place in which it occurred.
It is necessary to bear in mind that the most important events of the person's life are recorded in the Civil Registry: birth, marriage, death and, possibly, matters related to their capacity.
We have to clearly establish who is a third-party mortgage, which is defined, once again, in the article of the Mortgage Law already mentioned, the person who acquires must meet the following requirements:
- Acquire properly registered property (or other insurable right).
- You must act in good faith.
- The acquisition must be for a consideration (that is, with consideration on your part: sale, barter.)
- Acquire from the previous registration holder; That is, it must be purchased from the person listed in the Registry.
- Registering your own acquisition (i.e. you must register your own acquisition and become the new registrar)
In such a case, the acquisition becomes unassailable for the new registrant, regardless of whether the acquisition by the party who transmitted it could later be declared null and void and that the person who transmitted it should be obliged to make reparation to whoever has been injured. In any case, the third party mortgaged by public faith will continue to enjoy their acquired right.
