The land registry protection of the third party in the criminal area

Abstract

With some anomalous exception, both Civil and Criminal Supreme Court support the consolidated and guessed right doctrine of protecting, without need of intermediate transmission, to the acquirer who trusts in the Land Registry, though the registration of seller comes from an invalid or criminal act or contract, implementing article 34, not 33 of Land Registry Law. Consequently the general statutory duty of restitution of the contentious real property does not applicable in the property offences, neither in the swindle offence, when a good faith third party has acquired the property irrevocably (article 111,2 of Criminal Code).