Water Use Rights: Protection Through Registration
The Protection of Water Use Rights Through Registration
Introduction: The Water Rights Registry
There are countless records, many legal records, but few garantísticos records.
In legal filings, garantísticos records stand out, aimed at registering publicity purposes of enforceability. Of these, the most typical are the Land Registry, the Registry of Mortgages and Charges, the Register interdiction and prohibition to transfer real estate, and the Registrar of Real Estate. Against this, there are control records (legal), called registers, of which the most distinctive contribution is the Role of the Internal Revenue Service.
In some cases (National Registry of Motor Vehicles, Civil Registry and Identification, Registration of Ships, Bureau of Maritime Territory, Aircraft Registration Directorate of Civil Aviation, etc.), the law has preferred that both functions are served in a single record, even though such records in some cases (clearly on motor vehicles) do not reach the degree of publicity and enforceability enjoyed by the records of Real Estate.
Garantísticos records are of paramount importance: the certainty and legal security of property rights over countless properties lies in the scheme, making it an essential adjunct of the respective constitutional guarantee.
Andrés Bello, having dismissed the French model and opted for the more purist distinction of Title / mode, set the Civil Code and Registration Regulations Conservatory Real Estate to the practical Prussian system of property registration. However, transcending the formalism of the abstract title of that system itself, the institution rests on a solid Romanist foundation: registration is the mode. But his sensible intuition (Romanist no doubt) said that registration will also be held on the way to usucapio. As one 2008 presidential message proposing an organizational reform notarial and registry system in Chile, the scheme represented a significant advance in legal certainty and efficiency … the guarantee and proof of ownership of real estate and real rights constituted over them, there is presently a consensus on the undeniable advantages of this system, which must obviously be preserved and strengthened.
This great building has served its purpose for over one hundred and fifty years and has been replicated in similar terms to the garantística protection of the mining concession and the right to use water, among other goods.
Legislation governing registration issues is not widespread, and perhaps that is why there has been no further development of doctrine concerning it, which is presumably also due to its simplicity has not presented major difficulties of interpretation or application. No statistics on the prosecution of the inscriptions conservatory, but in general the perception is that it is almost marginal. This does not mean that there are no questions of various kinds, which should be resolved.
Registration and the Right of Use
As mentioned before, there are countless records, many legal records, but few garantísticos records. When it comes to water logging, you are talking about two entirely different entities in nature.
The First Entity
The first is regulated in Articles 122 and 122a of the CA, and relates to the inventory of public land resource or Water, which organizes the various records to be kept by the General Directorate of Water. These records belong to the category of legal records to which I referred, but did not reach the garantísticos records. She served from pillar to that activity of the National Water Policy at the beginning of our course management and call control.
The Second Entity
The second entity is formed by the registration of water that should lead the conservative real estate, regulated in Articles 112-121 of the CA, as also sections 111 permanent and 8 and 13 transients of the same CA This record, as we shall see not one but three, assumes full attributes of a record and not only legal, but also garantístico.
Both kinds of records are regulated in the same title in CA: Title VIII of Book I (Articles 112 to 122a), which however should not lose clarity about the different entities and purposes.
The theme that follows refers only to the waters of the Conservative record of real estate only clearly set a record for which garantístico can speak of the protection by registration of the timeshare.