Advertising Registry: Principles and Legalities

Principles of Advertising Registry

The advertising registry operates under several key principles, ensuring transparency and legal validity.

1. Compulsory Registration

Registration is generally compulsory unless specific rules permit otherwise. If a society isn't registered in the commercial register, it's considered irregular and lacks legal standing.

2. Public Ownership

Registration is made public, accessible to all. Private documents are only used for registration when explicitly allowed by law. Public documents include:

• Notarial act or deed (prepared by a notary)
• Judicial record (prepared by a clerk)

3. Legality

The registrar verifies the legality of documents, the capacity and legitimacy of those involved, and the validity of the content. This ensures the registered information is legally sound. This is also known as the principle of registration status.

4. Legitimacy

The registry's contents are presumed accurate, valid, and true. Court rulings are required to overturn registry entries. The registration doesn't validate agreements or contracts that are invalid under the laws.

5. Enforceability or Public Faith

Registered instruments are effective against third parties in good faith only after publication in the BORME (Official Gazette of the Commercial Registry).

6. Priority

Conflicting titles or entries of equal or earlier date cannot be registered. This is based on the principle of "first in time, first in right."

7. Successive Treatment

Registering acts or contracts requires prior registration of the subject matter. Amendments or extinctions of previously granted acts also require prior registration.

8. Formal Advertising

The register is public, allowing anyone to access recordable data of interest.