Bibliographic citations
Diaz, J., (2022). Fundamentos que justifican la incorporación del contrato preparatorio de compromiso de contratar como acto inscribible en el registro de predios [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/8896
Diaz, J., Fundamentos que justifican la incorporación del contrato preparatorio de compromiso de contratar como acto inscribible en el registro de predios [Tesis]. PE: Universidad Privada Antenor Orrego; 2022. https://hdl.handle.net/20.500.12759/8896
@mastersthesis{renati/371910,
title = "Fundamentos que justifican la incorporación del contrato preparatorio de compromiso de contratar como acto inscribible en el registro de predios",
author = "Diaz Malaver, Jhans Ricardo",
publisher = "Universidad Privada Antenor Orrego",
year = "2022"
}
The present investigation is carried out in order to establish what are the foundations that support the incorporation of the preparatory contract of commitment to hire as an act that can be registered in the Land Registry in Peru, while it is not currently; ergo, does not underlie this type of preparatory contracts, the guarantee principle of 'Material Publicity' that covers the acts or rights that are incorporated into the Peruvian Registry System, not proving to be enforceable against third parties (prevailing the principle of good faith), causing, as it does now, serious damage to the promisor, either by denying its existence, or by not signing the definitive contract.The hypothesis to which this research is based, postulates as grounds on which I know that supports the incorporation of the preparatory contract of commitment to hire as an act that can be registered in the Land Registry in Peru, among others, the autonomous and independent nature of the preparatory contracts, the finalist principle by which the Property Registry is created, and the willingness of the promisor to celebrate and ensure the conclusion of the definitive contract.For this, the non-experimental research design has been used, through the technique of documentary analysis and bibliographic compilation, regarding the doctrine, Peruvian legislation, and jurisprudence contained in the resolutions issued by the various Chambers of the Registry Court, linked to the subject matter. ; where, in addition, through the exegetical and sociological method for the interpretation of the norms, after the study of the Peruvian normative base, it was feasible to infer that after the incorporation of said preparatory contract as an act that can be registered in the Real Property Registry in Peru, it would be propitiated a greater extension of the 7 practical usefulness of the commitment to contract, granting in turn greater legal protection in real estate traffic.In this sense, the present investigation has allowed us to conclude that there are inescapably elements that support and support the incorporation of the commitment to contract as an act that can be registered in the Property Registry in Peru, recommending that the Civil Code be modified in its article number 2019. °, adding a new literal in which the preparatory contract is described in reference as a registrable act, and in response to this, a new article is incorporated in Title IV referring to Charges and Encumbrances of the Registration Regulations of the Land Registry.
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