THE RELATIONSHIP BETWEEN POSSESSION AND REGISTRATION, CONCERNING ADVERSE POSSESSION IN MATTER OF PARALLEL REGISTRATIONS
UDGMENT OF THE SUPREME COURT OF JUNE 8TH, 2021
DOI:
https://doi.org/10.29393/RD254-8RPPA10008Keywords:
Land possesion, Statute of limitations, Supreme Court's decission, Parallel registrations, Land registryAbstract
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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