Proposal for an operation procedure in the real estate registry of the General Property Registry

Abstract

OBJECTIVE: to establish the problems related to the real estate registration system applied in Guatemala. METHOD: through the bibliographic research methodology, the weakness of the current legislation that allows the use or presentation of false personal identification documents before a Notary Public was established in the conduct of legal business contained in public instruments. RESULTS: it was established with Based on the findings found that the procedure carried out in notarial practice, identifying specific problems in the performance of some functions entrusted to the Notary, which can be corrected by using the Biometric Identification System as a complement to the notarial function and the feasibility of being implemented by the Property Registry. CONCLUSION: the Notary Code imposes as an obligation of the Notary, the identification of the grantors when he does not know them for this purpose, he must have in view the personal identification document which despite containing high security measures is verifiable only by technological tool With which the Notaries do not have, to determine the authenticity of such document, which refers to a procedure that grants certainty avoiding harming third parties when they have involuntarily authorized public instruments.