The present research work deals with the alienation of sections of exclusive
property, whose ownership corresponds to the Board of Owners, within the
framework of the horizontal property regime. Firstly, the legal nature of the
Board of Owners is addressed in order to explain its relative legal subjectivity,
which allows it to act in a unitary manner in the legal sphere, but with joint and
several liability of its members. Secondly, I disagree with the position taken by
the Registry Court which states that a qualified majority is required to have
exclusive sections: I argue that only an absolute majority is required. Thirdly, I
point out that, in order for the disposal of an exclusive section to proceed with
the absolute majority that I propose, the purpose of the property must be the
subsequent sale, and the third party acquirer will have good faith only if such
purpose of the property existed in the deeds filed at the time of the sale; if the
purpose was not that, then a qualified majority must be required (this constitutes
an exception to the rule that I propose of absolute majority). Then, I indicate that
the formalization of the transfer agreement of exclusive sections is materialized
by Public Deed and publicized through the registry registration, in order to
comply with the principle of authentic title and registry public faith respectively.
Finally, I recommend amending articles 43 of Law 27157 and 135 of its
Regulations to indicate that the Board of Owners may dispose of sections of
exclusive property; as well as amending articles 47 of the same Law and 145 of
its Regulations. / Trabajo académico
| Identifer | oai:union.ndltd.org:PUCP/oai:tesis.pucp.edu.pe:20.500.12404/24746 |
| Date | 19 April 2023 |
| Creators | Losno Perleche, Jhon |
| Contributors | Arata Solis, Rómulo Moisés |
| Publisher | Pontificia Universidad Católica del Perú, PE |
| Source Sets | Pontificia Universidad Católica del Perú |
| Language | Spanish |
| Detected Language | English |
| Type | info:eu-repo/semantics/bachelorThesis |
| Format | application/pdf, application/pdf |
| Rights | info:eu-repo/semantics/openAccess, Atribución 2.5 Perú, http://creativecommons.org/licenses/by/2.5/pe/ |
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