Government Simplifies Requirements for the Registering Deeds Nationally
The Government has officialized Legislative Decree No. 1626 to simplify the requirements for the registration of deeds in registry offices throughout the country. This measure aims to update and modernize registration procedures, aligning the regulations with the current reality of the public registry system.
Civil Code Amendments
The decree amends several articles of the Civil Code (2033, 2037, 2038, 2040, and 2042) to eliminate the territorial barriers that still existed to register deeds. This update will be progressively implemented in the registrations of mandates and powers of attorney, thus facilitating the procedures for citizens locally.
The modifications are as follows:
| Title | Article | Formerly | Currently |
| Title IV: Personal Registration | Art. 2033° | Registration at the office of the interested party’s domicile and the real estate place. | Registration at the registry office indicated by the interested party in the deed rogatory. |
| Title V: Registration of Powers of Attorney | Art. 2037° | Registration at the place of the permanent exercise of the mandate. | Registration at the registry office indicated by the interested party in the request for deed registration. |
| Title V: Registration of Mandates and Powers of Attorney | Art. 2038° | Unregistered mandates shall not prejudice the third party where the contract is concluded. | Unregistered mandates shall not prejudice the third party. |
| Title VI: Registration of Wills and Testaments | Art. 2040° | Registration at the testator’s domicile and the designated real estate place. | Registration at the registry office indicated by the interested party in the deed rogatory. |
| Title VII: Register of Intestate Successions | Art. 2042° | Registration at the last deceased’s domicile and the location of assets. | Registration at the registry office indicated by the interested party in the deed request. |
Effective Date
The amendments will become effective 90 days after publication, i.e., time extra for the registry offices to adjust to the new requirements to interconnect registries more locally, eliminating the need to comply with territoriality requirements that have become obsolete due to technological advances.
Delegation of Powers
This decree belongs to the legislative powers granted to the Executive Branch through Law No. 32089, which entitles it to legislate regarding regulatory simplification and economic reactivation. This delegation allowed the Executive Branch to legislate specifically to reduce transaction costs, contributing to the modernization of the registry system.
Modernization of the Registry System
The SUNARP (Superintendencia Nacional de los Registros Públicos – National Superintendence of Public Registries) has made significant progress in the modernization and simplification of registration procedures, implementing national indexes that integrate and make information accessible locally. This progress has made territorial requirements for registering deeds already unnecessary, driving a more efficient and accessible system for citizens.
Source: Legislative Decree amending articles 2033, 2037, 2038, 2040 and 2042 of the Civil Code - LEGISLATIVE DECREE - No. 1626 - (elperuano.pe)