DISCUSSION ON THE PROVISIONAL ENTRIES IN THE LAND REGISTER MADE BY AGREEMENT OF THE PARTIES

Abstract

This material examines the extent to which, in a typical real estate sale case where the price is paid in full after the date of authentication, provisional registration of the buyer's title in the land register, by agreement of the parties, could be a viable alternative to reserving the legal mortgage to the defaulting seller or stipulating a pledge for non payment of the price. It seems to us an excellent possibility to apply Article 898 (5) of the Civil Code, leading to a solid test of the functionality of this rule.
Finally, the study discusses the idea that the legislator allows both registrations (subject to the justification of a previous provisional registration) and provisional (direct) registrations against the provisional land register entry.