Bibliographic citations
Ttito, L., (2022). Inaplicación del principio de predictibilidad en la calificación registral de la Oficina Registral de Cusco durante el año 2021 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5215
Ttito, L., Inaplicación del principio de predictibilidad en la calificación registral de la Oficina Registral de Cusco durante el año 2021 []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5215
@misc{renati/25430,
title = "Inaplicación del principio de predictibilidad en la calificación registral de la Oficina Registral de Cusco durante el año 2021",
author = "Ttito Huahuatico, Luzmila",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
This thesis, entitled Non-application of the Principle of Predictability in the Registry Qualification of the Registry Office of Cusco During the Year 2021, was developed under the following structure. The first chapter includes the Introduction of the topic, the approach to the problem, the justification, the objectives of the research and the delimitation of the research study, it presents a broad overview of how the principle of predictability should be understood, derived from the state constitutional law, due process and traffic safety, which is also strongly linked to the registration procedure that leads to registration and legal publicity, key factors for economic dynamism and wealth generation, whose problems need spotlights that they put it on stage breaking with the traditional anonymity due to its highly specialized nature. The second chapter includes the background of the research, the relevant theoretical bases, the conceptual framework, the working hypotheses, and the categories of the study carried out, in it, the state of the question has been taken into account, on which it has been said, up to the present, about the predictability in the registration function, a topic that, being novel, has already been approached from different angles, for which reason previous studies that help to verify the general hypotheses and specific raised. It has been cited in its theoretical framework, scientific articles, theses worked at the national and local level, whose results have been verified and at the same time strengthened by the study carried out. The third and fourth chapters cover thematic development, study categories, methodological design, contextual design, and collection techniques and instruments of data, in them, the best approach and methodology to approach the study have been identified, without forgetting that it is a legal investigation, in which the advances of dogmatics go hand in hand on a daily basis through documentary analysis and reflection rational of the proposed categories, such as the registration procedure and the principle of predictability, the fifth chapter called results and analysis of findings; comprises the core part of the research work, which has used as input eight Resolutions of the Registry Court, issued during the year 2021, which resolved appeals made to titles processed in the registry office of Cusco, during the year 2021, in which widely Cases of non-application of the principle of predictability in the registration qualification were verified, as can be seen from the data tabulation tables, attached to the work. In this sense, the present thesis has as a general objective, to determine how the principle of predictability was not applied in the registry qualification of the registry office of Cusco during the year 2021. Likewise, to establish what were the causes and effects of the failure to apply the principle of predictability; for what was evidenced in the factual reality, that the Registrar at the time of evaluating and qualifying the title, unduly denies the procedure, with the issuance of an observation notice or substantive violation of the principle of predictability, which also occurs, in the Registry Office of Cusco, for which the administrator presents constant discomfort due to this circumstance, which also harms him, while his legitimate aspirations to achieve registration are frustrated, which does not occur, despite having complied with all the requirements established for each record. The investigation was qualitative, of legal dogmatic type, the hypotheses were validated and the main conclusion corroborates the general hypothesis in the sense that: the non-application of the principle of predictability in the registry qualification of the registry office of Cusco during the year 2021, consisted in the formulation of successive or scaled observations in the same registration procedure unreasonably hindering registration, due to lack of uniform criteria, misunderstood functional autonomy, abundant specialized regulations and fear of assuming responsibility that may later lead to administrative or judicial questions, all This generates discrepant results when evaluating the documentation presented, for which the user is forced to resort to the second registration instance in order to gain access to the registry. It should be noted that the principle of predictability responds to a need for basic certainty for the proper functioning of the system, which allows the administrator to attend and access registration in the most efficient and timely manner.
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