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Modifications to the Civil Code regarding requirements for the registration of deeds  

27 August, 2024

Government simplifies requirements for the registration of deeds at the national level  

The Government has made official Legislative Decree No. 1626, with the objective of simplifying the requirements for the registration of titles in registry offices throughout the country. This measure seeks to update and modernize registration procedures, aligning the regulations with the current reality of the public registry system.  

 

Amendments to the Civil Code  

The decree modifies several articles of the Civil Code (2033, 2037, 2038, 2040 and 2042) with the purpose of eliminating the territorial barriers that still existed for the registration of titles. This update will be progressively implemented in the registers of mandates and powers of attorney, thus facilitating the procedures for citizens throughout the national territory, the modifications are as follows: 

Title  Article  Formerly  Now 
Title IV: Personal Registry  Art. 2033°  Registration at the office of the domicile of the interested party and at the place of the real estate.  Registration at the registry office indicated by the interested party in the rogatory of the title.  
Title V: Registration of Powers of Attorney and Powers of Attorney  Art. 2037°  Registration at the place where the mandate will be permanently exercised.  Registration at the registry office indicated by the interested party in the request for registration of the title. 
Title V: Registration of Mandates and Powers of Attorney  Art. 2038°  A third party shall not be prejudiced by mandates not registered in the place where the contract is concluded.  A third party shall not be prejudiced by unregistered mandates.  

 

Title VI: Registration of wills and testaments  Art. 2040°  Registration at the domicile of the testator and at the designated place of immovables.  Registration at the registry office indicated by the interested party in the rogatory of the title.  
Title VII: Register of Intestate Successions  Art. 2042°  Registration at the last domicile of the deceased and place of location of assets.  Registration at the registry office indicated by the interested party in the request for title. 

 

Effective date  

The amendments will become effective 90 days after their publication, allowing time for the registry offices to adjust to the new requirements. The objective is for registries to be more interconnected at the national level, eliminating the need to comply with territoriality requirements that have become obsolete due to technological advances.  

Delegation of powers  

This decree is part of the legislative powers granted to the Executive Branch through Law No. 32089, which delegates the capacity to legislate in matters of regulatory simplification and economic reactivation. This delegation allowed the Executive Branch to legislate specifically in the reduction of transaction costs, contributing to the modernization of the registry system.  

Modernization of the registry system  

The National Superintendence of Public Registries (Sunarp) has made significant progress in the modernization and simplification of registration procedures, implementing national indexes that integrate and make information accessible at the national level. This progress has made territorial requirements for the registration of titles now 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)