THE RELATIONSHIP BETWEEN POSSESSION AND REGISTRATION, CONCERNING ADVERSE POSSESSION IN MATTER OF PARALLEL REGISTRATIONS

UDGMENT OF THE SUPREME COURT OF JUNE 8TH, 2021

Authors

  • Patricio Aliste Santi Universidad de Chile

DOI:

https://doi.org/10.29393/RD254-8RPPA10008

Keywords:

Land possesion, Statute of limitations, Supreme Court's decission, Parallel registrations, Land registry

Abstract

In this commentary, we study a judgement of the Supreme Court in which the adjudication consists of that, in the case of numerous registrations of the same land to different applicants, should be preferred the one with possession. As it is explained in it, this solution is against the principles of the dominant conception about the relationship between possession and registration, and it is founded instead in mere equitable considerations. Nevertheless, it will be also explained the theorical contradictions of this dominant opinion, and how the most adequate interpretation of the law let us arrive to the same conclusion adopted by this judgement.

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Published

2023-12-31

How to Cite

Aliste Santi, P. (2023). THE RELATIONSHIP BETWEEN POSSESSION AND REGISTRATION, CONCERNING ADVERSE POSSESSION IN MATTER OF PARALLEL REGISTRATIONS: UDGMENT OF THE SUPREME COURT OF JUNE 8TH, 2021. University of Concepción Law Review, 91(254), 221 - 231. https://doi.org/10.29393/RD254-8RPPA10008

Issue

Vol. 91 No. 254 (2023)

Section

Comentarios de Jurisprudencia

Copyright (c) 2023 Patricio Aliste Santi

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