Civil - Rol V-62-2019

El 2 of the San Bernardo Court of First Instance accepts a claim against the Registrar of Real Estate, ordering the registration of rights granted by economic compensation in a family law case, considering that the final judgment is sufficient title for registration.

• Basic case details: Claim for refusal of registration in the Property Registry of the San Bernardo Registrar of Real Estate.
• Relevant procedural background: In a divorce case (C-1926-2011) before the San Bernardo Family Court, the claimants' mother obtained economic compensation, equivalent to 50% of the father's rights over an asset of the conjugal partnership. The San Miguel Court of Appeals overturned the first instance judgment and accepted the counterclaim for economic compensation (Court Entry Roll No. 334-2012 Fam.). The cassation appeals were rejected by the Supreme Court (Entry No. 5,266-12). The Family Court ordered the Registrar to register the assignment of rights, but he refused due to the lack of a public deed. Following the death of the beneficiary, her heirs attempted to register, which was again rejected. • Proven facts: a) Existence of the Court of Appeals judgment granting economic compensation. b) Refusal of the Registrar to register the assignment of rights. c) Death of the beneficiary of economic compensation and the claimants' status as heirs. • Legal issues submitted for ruling: To determine whether the judgment granting economic compensation is sufficient title to order the registration of rights with the Registrar of Real Estate, without the need f...