Territoriality requirements in the Registry of Natural Persons are simplified
By Legislative Decree No. 1626, published on August 15, 2024, various articles of the Civil Code were amended to simplify the territorial requirements for the registration of deeds in registry offices nationwide.
Accordingly, the law establishes that registrations in the Personal Registry, the Registry of Mandates and Powers of Attorney, the Registry of Wills, and the Registry of Intestate Successions will be made at the registry office indicated by the interested party in the title request.
Prior to the aforementioned changes, registrations could only be made at the registry office corresponding to the interested party or the testator, the location of the real estate, or the place where the mandate or representation was permanently exercised, as applicable.
Likewise, with regard to the Registry of Mandates and Powers of Attorney, it is established that a third party who, in good faith and for valuable consideration, has contracted based on a registered mandate or power of attorney shall not be prejudiced by an unregistered mandate, power of attorney, modifications, or termination thereof. This means that the rights of a bona fide third party will no longer be limited solely to the registry of the place where the mandate or power of attorney contract was executed.
The regulation under discussion will enter into force the day after its publication, except for the provisions established for the Registry of Mandates and Powers of Attorney, which will enter into force ninety (90) days after its publication. Should any additional clarification be required regarding the legal impact of the information contained in this newsletter, please contact:
Alfred Kossuth Wieland
