We share the article by our senior associate Marco Andrei Torres Maldonado, “Does the mere judicial declaration of nullity of the act that gave rise to an inscription generate the subsequent entries?”, published by Gaceta Civil y Procesal Civil in its edition No. 110, August of this year.
The issue was analyzed in the CCXLIX Registry Plenary Session, in which it was established that for this to happen, there must be a prior annotation of the claim that publicizes the process of nullity of the legal act. The author comments on this decision of the Registry Court and, among other things, refers that said plenary session reinforces the idea that the person who has obtained an annotation of claim enjoys a prevailing situation over anyone who has acquired a subsequent right that is incompatible with the one that has been declared null and void.
Marco Torres is a specialist in Civil Property Law, litigation and arbitration, PhD candidate in Law at the Universidad Autónoma de Madrid and professor of Civil Law at the Universidad de Lima.