Penalties for Disposing Inherited Property Without Registration

What is the penalty for the disposal of inherited real estate when the registrations required by Article 688 are omitted?

Thesis 1: Absolute Nullity for All Sales

The penalty is absolute nullity because it violates the mandatory rules of the Conservador de Bienes Raíces (CBR). This applies to both voluntary and forced sales.

Thesis 2: Absolute Nullity Limited to Voluntary Sales

The penalty would be absolute nullity, but only for voluntary sales and not forced ones. This is based on two reasons:

• Article 688 specifically refers to "the heirs," a limitation that cannot be extended to the justice system.
• If absolute invalidity were applied to forced sales, the heirs of a debtor could refuse to register the property to paralyze all execution against them, thereby freeing themselves from fulfilling the obligations conveyed by the deceased.

Thesis 3: Validity of the Contract vs. Void Tradition

The word "transfer" means to pass the domain from one person to another. In this view, the sale itself is not the transfer but a mere legal contract. In this case, the sale would be valid in its entirety, and the nullity would only affect the tradition (the actual transfer of ownership).

Thesis 4: Undefined Perspective

No specific details provided for this thesis.

Thesis 5: Temporary Inefficiency and Imperative Norms

The penalty would not be absolute nullity because Article 688 is not a prohibitive standard, but rather an imperative norm of requirements. Therefore, instead of absolute invalidity, it inflicts a temporary inefficiency on the tradition until the corresponding entries are made.

Grounds for Refusal of Title Registration

According to Articles 13 and 14 of the Regulations, registration may be refused if:

• There is a defect that causes absolute nullity (if the title shows a visible defect that would cancel it completely).
• When a property is inscribed via a purchase and sale agreement, but another person requests registration in their favor citing a different purchase and sale agreement made by the same vendor.
• When an estate is sold by a person who is not the current record holder according to the registry.

Article 684: Tradition of Corporeal Movable Property

The tradition of a corporeal movable thing should be made to signify that one party transfers the domain to the other, manifesting this transfer by one of the following means:

1. Permitting the material apprehension of a present thing.
2. Pointing it out (Longa manu).
3. Handing over the keys to the barn, storehouse, chest, or any place where the thing is kept.
4. Taking charge of putting the item at the disposal of the other party at an appointed place.
5. The sale, gift, or other disposition conferred by the title to one who already holds the movable thing as a mere holder (Brevi manu).

*Note: This occurs through a simple contract in which the owner remains as a mere holder.