LA IMPORTANCIA DE LA INSCRIPCIÓN EN EL REGISTRO DE LOS ARRENDAMIENTOS URBANOS SOMETIDOS AL CÓDIGO CIVIL.

Abstract

This paper attempts to analyse why the registration of urban leases made under the Civil Code, whose basis lies in article 2.5 of the Mortgage Act, is especially important in our legislation, since such leases, unlike those made under the Urban Lease Act, are not legally enforceable. It is for this reason that recording such leases in the registry becomes even more necessary, if possible. First the paper provides an analysis to determine which urban leases are made under the Civil Code (as they are a minority). The object having been delimited, a study then is offered of the requirements of form for the creation and registration of such leases. The concluding analysis looks at the necessity and advisability of registering urban leases made under the Civil Code, despite the fact that registration is not a requirement of form and certainly not a requirement for the creation of such leases, although registration is a requirement in order for urban leases under the Civil Code to be enforced vis-à-vis third parties.