Is conveyancing complicated?

Transmission of property concept map

In order for the transfer of ownership to take place, it was necessary that the delivery had a just cause (iusta causa traditionis) or reason for which the delivery was made. Among these causes was the contract of sale, so that the delivery was made by the seller in order to fulfill his contractual obligation (causa solvendi).[2] The theory of the title deed was based on the principle of causa traditionis.

The theory of title and mode indicates that neither the delivery alone nor the contract alone is sufficient. It is necessary that a prior contract should record why the delivery is made. Thus, delivery does not transfer ownership when a lease contract was entered into, but it does when the purpose of the prior contract was to transfer ownership (e.g. a purchase contract). If there was delivery but no contract, ownership will not be transferred.

In conclusion, the contract of sale of a thing that is not owned by the seller is valid, because the seller has to be the owner when he delivers the thing, but he does not have to be the owner when he signs the contract.[5]

Virtual delivery of the example thing

Technology Transfer is usually aimed at obtaining a commercial return on the knowledge and results of R&D&I, establishing contractual relationships in which the special characteristics of the transfer of knowledge must be taken into account, since once the knowledge has been transferred it is very difficult to return to the initial state.

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This means that the transferor of the information or knowledge must take the utmost precautions to avoid complicated situations in the future and therefore, contracts regulating Technology Transfer must be carefully considered to take into account all the possible legal and economic consequences.

Who is a transferor of property

Thanks to the inscription of a property in the Land Registry of Alicante we are officially recognized as owners. We can dispose of our right, selling or mortgaging, and anyone who has interest in buying a house or to constitute on her a right, will be able to have to his disposition all the necessary information to be able to decide in equal conditions and without surprises. In addition, by registering we have the security that nobody will be able to deprive us of our right or dispose of it fraudulently.

The objective of the Registry of the Property of Alicante is to give publicity of the registered acts and consequently legal security to the property and future acquirers of the real estate, since registering them, those who consult it are informed about the domain and other real rights or loads that weigh on the same ones, minimizing risks of eventual claims.

By registering in the Land Registry of Alicante all the acts that affect the property or the real rights that fall on the real estate, it provides total security and legal priority to the rights registered in it, which in turn guarantees total security in the transactions of the real estate, which is the main objective or purpose of the Land Registry of Alicante, and the reason for its existence.

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Transfer of ownership examples

Specifically, this lawyer adds that the successive tract must be complied with, “which consists of the fact that in order to register or annotate titles, the right of the person granting it must be previously registered or annotated”. Thus, it regrets that “in the event that the right is registered in favor of a person other than the person granting the transfer or encumbrance”, the registrars will deny the requested registration.

This is due to the fact that “the real right of mortgage can only be granted by the owner”, since it is configured as the guarantee given to the creditor in case he fails to comply with his obligation as owner. “And in order to know who the owner is, it has to be registered in the Property Registry,” adds Hernández de la Fuente.

The supply of homes that lack registration in the Land Registry usually occurs at a value below the average of the properties offered for sale in a given area. This price reduction is a consequence, from Hernández Román’s point of view, “of the uncertainty generated by the lack of registration”. However, Carretero defends that many times these properties are less economical “since there is a cost that is not seen”, which is the result of the payment of the notarial procedures, the subsequent registration and even a judicial procedure. Hence, this lawyer does not recommend acquiring an unregistered property “assuming the costs and formalities”. “In any case, if the price is attractive, the expenses are assumed by the seller”, she emphasizes.

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