Warranty

What is the WARRANTY OF THE PUBLIC FAITH OF THE LAND REGISTERS (“CWP”). The courts keep land registers. These books shall include, but are not limited to: (a) the address and area of the property, (b) who owns (b) whether the property is mortgaged, etc.

The parties check the land register online before deciding on the transaction. Sometimes, the BODY OF THE BOOK is INCOMPATIBLE with the actual state. The CEC deals precisely with such situations and consists in the fact that: THE LEGAL STATUS disclosed in the BOOK – AT THE DATE OF SIGNATURE OF THE NOTARIAL ACT – is treated by law as IF IT WERE TRUE FOR THE ASSESSMENT OF THE LEGAL SITUATION OF A PERSON (AND ONLY SUCH PERSON) WHO, ACTING IN TRUST WITH THE CONTENTS OF THE LAND REGISTER, ACQUIRED OWNERSHIP OR OTHER RIGHTS IN RJU, DISCLOSED in the book.

Thus, the CEC excludes the possibility of proving – whenever, by anyone and in any process – AGAINST SUCH A BUYER that the actual legal status was different from that disclosed in the land register. The CIP is therefore, for an English lawyer, a case of ESTOPPEL. CEC (ESTOPPEL): (a) does not apply to the area, location and purpose of the property (b) does not protect the BUYER who acted in bad faith or acquired for free (c) does not act against certain rights (e.g. easement of transmission).