EXPIRATION OF EXECUTION MEASURES, DEMAND ANNOTATIONS AND OTHER PRECAUTIONARY MEASURES

Abstract

The expiration is a form of extinction of rights, but also of the different preventive annotations that have acceded to the Register; however, it does not apply to enforcement measures, demand annotations and other precautionary measures issued under the Code of Civil Procedure as set forth in Article 122 of the Registry Regulations of the Register of Buildings.

The aforementioned article is in accordance with the new wording of Article 625 of the Civil Procedure Code, after the amendment by Law 28473, that is to say, the termination of precautionary measures by expiration will proceed when they have been dictated in the proceedings initiated with the Code of Procedures Civil proceedings of 1912, in which case the precautionary measure is extinguished by right to the five years counted from its execution, this term must be counted not from the inscription of the notice of demand, but from the presentation of the title according to the Principle of Priority Preferred contemplated in the Norm IX of the General Regulation of the Public Registers, reason why if they have been dictated under the empire of the Code of Civil Procedure, these measures do not expire; unless it had expired before the validity of Law 28473 as established by the Registry Court in the First Precedent of Mandatory Enforcement approved in XII Full Cassation.

It also distinguishes enforcement measures, previous precautionary measures, precautionary measures proper and other precautionary measures for the purpose that each one of them.

Finally, it is necessary to specify some cases in which the application of Law 26639 is not applicable, as in cases of criminal convictions, embargoes ordered as a result of tax obligations and judgments that have the status of res judicata.