The Value of Real Estate Registration in the Chilean Registry: A Comparative View

Abstract

The article determines the role and value of registration in the Chilean Real Estate Registry in terms of the protection granted to those who register and trust in it. It raises the hypothesis that the registration in the Chilean system is vulnerable, either because it can be altered or rendered ineffective by certain causes and, above all, because in the case of the tradition of the domain of real estate, the transfer of ownership does not consolidate the effects that follow from this constitution: the full opposability of the rights and the absolute elimination of the possibility of their subsequent loss. The development of this assertion is conceived on the basis of the relationship between title and mode; the constitutive character or not of the registration with respect to the formation of the real right of ownership by means of tradition; the protection of the registrant and the effectiveness of the Registry in relation to third parties.