LA TRANSFERENCIA DE BIENES MUEBLES REGISTRADOS EN EL PERÚ.

Abstract

Peruvian legislation has no express regulations on the correct system for transferring registered chattel goods. However, in most cases, the usual combination of written accord and physical delivery is regarded as the applicable system. This paper dissents from that position and proposes the possibility of interpreting that transfers of ownership of registered chattel goods do not operate by means of delivery, but are instead consensual. Likewise, in the case of automobiles, the paper explains how registration of such goods is not constitutive, because the expression «to formalise» (used in the General Act on Transport) does not signify that registration is anything other than declaratory. In that sense, focusing on the system of transfer, the paper points out that registered chattels more closely resemble immovable property than unregistered chattels, and therefore the system of transfer ought also to be the same for both types of property, i.e., the solo consensus system of transfer.