PROPICIAR Y FACILITAR LAS INSCRIPCIONES EN EL PROCEDIMIENTO REGISTRAL PERUANO.

Abstract

The idea of propitiating and facilitating registration constitutes an objective purpose that is given in the Sole Organized Text of the General Regulation on Public Registers. The means for attaining this objective is the interpretative activity of the registration authorities (public registrar and Court of Registration). Starting from a posture regarding the law as partially indeterminate, interpretative activity will not be forthcoming in all cases, but only in the «tough» ones. For that purpose, it is proposed that the teleological interpretation, the implicit rule of propitiating and facilitating registration and the administrative rule of efficacy, take preponderance. Thus asset circulation is accentuated or accorded privileges, to make it easier for people's assets to lead a parallel life as capital and to achieve economic development.