FINJUS reports serious anomalies in Real Estate Jurisdiction
SD. The Institutionalism and Justice Foundation (Finjus) reported before the Supreme Court of Justice (SCJ) that there were serious anomalies in the internal functioning of the Real Estate Jurisdiction; a situation that they warn exposes the system to the possibility of a collapse within two years.
They alerted the court that there is an overflowing increase in the number of case files, delays in the registration of deeds, judicial delays, a lack of coordination between institutions and a lack of resources, “factors which by their complex character have a broad spectrum of negative effects.”
In a report delivered to the Chief Justice of the Supreme Court of Justice, Mariano German, the Finjus says that the serious crisis that affects this important axis of judicial security and the national economy, is due to the stagnation and progressive deterioration of the changes introduced by the reforms started with the enactment of Law 108-05 on Real Estate Registration.
“In spite of the fact that the right to property plays an essential role in the economic and social development, that its efficiency is directly related to the overall functioning of the model of government, at the present time there exists a major worry, due to the improper functioning and regulation that can be seen in our system of real estate justice.”
The Finjus says that while it is true that the process of reform attained visible advances, it is no less true that there exist anomalies that merit the intervention of the Justice Department.
They cited among these, the long time required for the property measurements, the unjustified transfer o substitution of specialized technicians, weaknesses in the statistical system, legal and technical loopholes in sectors of the National Direction of Cadastral Measurements (DNMC), and the lack of the application of the cadastral diagnostic described in the General Regulations of Cadastral Measurements.
The Finjus alleges that the Regulations for Cadastral Measurement have not been revised since 2009.
In addition the Finjus points out the lack of unified criteria among the actors of the system for the positioning of the parcels of land, difficulties in the imposition of the System of Management and Registration Automation, as well as the need to provide a legal statute based on the law for the Cartography Unit.
In the same way, they feel that the implementation of an adequate administrative process is urgent in order for the DNMC to carry out an adequate cartographic inspection and determine the validity or not of the overlapping parcels of land and proceed to notify by memorandum the Tribunal of Original Jurisdiction.
“We are exposed to see within two years the collapse of the system of property jurisprudence. If this collapse should come about, it would constitute the most serious attempt on the judicial security and economic stability that the country could suffer, with catastrophic consequences,” they note. They also identified as a negative factor the continual clash between the system of civil law of French origin and that of property registration (Australian) which have not been able to be integrated completely.
Likewise, they feel that unfortunately the combination of internal and external factors with regard to the Judicial Power has limited the effect of the years of property reforms, which they feel should have a greater impact at the present time.
According to Finjus, foreign investors with an interest in tourism have backed away from firming up their projects, because they do not feel secure with the issue of property rights in the area of real estate. They say that the report ‘Doing business 2014′ by the World Bank, says that the went from position 111 to 115 in the area of property registration, which they say questions the judicial security of the right to property and real estate investments.
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