The Principle of Constitutive Registration
The principle of the constitutive effect of registration dictates that rights in rem over real estate are created, transferred, or extinguished only upon their entry into the Land Register. This principle applies to titles established following registration judgments since the enforcement of Law No. 30 of 1998. It ensures legal certainty and protects the interests of bona fide third parties.
Updated Titles and Legislative Framework
The scope extends to titles updated pursuant to Law No. 34 of 2001, dated 10/04/2001, which pertains to the updating of real estate titles. An 'updated title' refers to a property record that has undergone a legal process to reflect its current physical and legal reality, resolving discrepancies between the register and the actual state of the property.
Legal Consequences of Non-Registration
Failure to register transactions results in the lack of legal effect against third parties. The constitutive effect serves as a guarantee of the accuracy of the public record, meaning that the register is the sole source of truth regarding ownership and encumbrances. Legal practitioners must ensure that all judicial rulings are duly transcribed to maintain the integrity of the title.