Civil Code > TITLE X. REGISTERS OF IMMOVABLE PROPERTY 4

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Chapter IV. Effects of registration in the registers of immovable properly

Art. 1637.- Duty to register acts.

(1) The keepers of registers of immovable property may not decide on the validity of acts which are presented to them for registration in the registers.

(2) They shall register such acts without delay when the formalities required by the law have been performed by the interested persons.

(3) The registration of an act in the registers of immovable property shall not constitute a decision as to its validity.

Art. 1638.- Certain date.

The registration made in the registers of immovable property shall confer a certain date to the acts to which such registration relates or which are field in the archives of the place of conservation as complementary or supporting documents.

Art. 1639.- Prescription or usucaption.

The registration of an act in the registers of immovable property shall as such be of no effect as regards extinctive prescription or usucaption.

Art. 1640.- Ignorance of a registration.

(1) No person may take advantage of the fact that he did not know of a registration entered in the registers of immovable property.

(2) Nothing shall affect the liability of the keeper of the registers and of the State, where such ignorance is due to a fault in the functioning of the service.

Art. 1641.- Conflict between two registrations.

(1) Where to persons have required from the same person a right subject to registration, the one whose right has been registered first in the registers of immovable property shall be preferred.

(2) The right of the second shall be extinguished insofar as it is in opposition to the right which has been registered first.

(3) Nothing shall affect the rights of such second person against he person from whom he has acquired the immovable.

Art. 1642.- Rights registered on the same day.

(1) Where two rights which are incompatible with each other are entered in the register on the same day, preference shall be given to the person whose title is the older.

(2) Where the titles are equally old or the priority of one in relation to the other can not be established, preference shall be given to that number of the registration which in the register comes before.

Art. 1643.- Legal action.

Judgments which acknowledge, transfer, modify or extinguish the ownership of or any other real right over an immovable may be set up against third parties as from the day on which the demand having the object of obtaining them has been registered in the registers of immovable property in the place where the immovable is situate.

Art. 1644.- Bad faith.

(1) The bad faith of the person who has requested the registration or required the right to which the registration relates shall not affect the validity of the registration.

(2) In such case the person to whom the registration is prejudicial may claim damages by proving in a clear manner the bad faith of the defendant.

Art. 1645.- Where there is no registration

(1) Where, in default of a registration of an act in the registers of immovable property, the right of a person may not be set up against third parties, no person may acquire from such person a right which may be set up against third parties.

(2) The person who has acquired a right under such conditions shall, before entering in the register the act by which he holds his right, register the act by which his transferor held his right.

Art. 1646.- Notice of registration to the owner.

(1) The person who has registered a right in the registers of immovable property shall, within eight days, serve on the owner of the immovable to which such right relates a copy, certified by the keeper of the registers, of the form which has been entered in the registers.

(2) He shall be liable for the prejudice that may be caused to the owner of the immovable or to third parties by reason of his failing to comply with such formality.

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