The geographical repercussions of the mortgage principles after Law 13/2015, of June 24: geographical aspect of the principle of praying

Abstract

The aim of this paper is to try an evolutionary interpretation of Law 13/2015, dealing with the repercussion of the same on all the mortgage principles of our registry system, beginning with the principle of praying, which we defend that does not suffer any alteration, as a formal principle, which in- spires the registration procedure, by which, the mere presentation of the title in the Registry and the registration request initiates the registration procedure, which will be promoted ex officio by the registrar, who will make a qualifica- tion of the title presented in all the extremes relating to the circumstances that should be included in the registration and will write, where appropriate, the entry, not in the form determined by individuals when presenting the title and request registration, but in the manner determined by the Law. In this sense, it is defended that the incorporation of the georeferencing to the inscription and the expression of the The graphic coordination of the farm with the Cadastre does not require an express request by the interested party in the title, but is implicit in the application for registration, which is done with the presenta- tion of the title, being a due act of the registrar, notwithstanding that this may practice, in some cases, the seat even if this georeferencing is not incorporated, when it is optional for the registrar, because there is a disagreement between the property and physical reality, whose correction does require an express praying or tacit, to imply the beginning of a file, in which the corresponding application will be notified to the owners of boundaries.