DEPRIVATION OF RIGHTS BY THE REGISTER, REQUIREMENTS.

Abstract

The study starts by explaining the function of the Registers that, when we refer to Registers of rights, is not only to protect and publish the rights but also to assign them. This fact explains the expropriation powers that these kinds of Registers have. An error in the registration can causes the loss of the right for the «true» or civil title holder. Thereafter, and because of the condition of human right that the European legislation attributes to property, they analyse whether this possible deprivation fulfils the requirements that the jurisprudence of the European Court of Human Rights demands in order for it to be considered in accordance with the law. There are five such requirements: the existence of a law that foresees this effect of deprivation, a public interest that justifies it, proportionality between the benefit obtained by the community and the means used for its attainment, execution by the public power and payment of compensation. The study details the difficulties that the presence of these requirements causes to the States which explains that, despite the greater inefficiency of this system, some of them have opted not to assign to the Register said function of definitively attributing rights but have opted for a Title Register. Furthermore, in relation with those States that have granted the Register this power, it reviews the different ways they operate and are organised according to how each of them observes the exigencies that the European legislation imposes in order for this deprivation to be able to occur.