1) What motivated you to choose Escribana’s career?
Escribana’s profession is, without a doubt, my great passion. The road began with my training as a lawyer and continued with the contest to access the registration, as established in article 36 and concordant of Law 404 of CABA. Unlike what is believed, and they usually ask me – the notarial function is not inherited: it is obtained through a rigorous opposition contest that includes a written and an oral evidence, prepared by the College of Notaries and approved by the Superintendency Court.
2) What personally prompted you to get involved in the digital transformation of the Real Property Registry?
When I assumed the Directorate of the Real Property Registry, in the area of real rights and personal annotations, I set out to do what many young professionals yearn for occupying a public office: actively contribute to the improvement of our country.
Together with Dr. Soledad Barboza, in 2021 we promote the possibility that property titles could be completely digital. Thus, we achieve that in the city of Buenos Aires the titles of the enrolled properties could be registered and stored in digital format, without affecting legal certainty. This option is still valid, although some social resistance to digital support persists – founded in cultural habits.
3) What is the current inhibition registration system?
The general inhibition of goods is a precautionary measure of a patrimonial nature that prevents the debtor from providing or taxing any registrable assets of which he is the holder. This procedural figure, provided for in article 228 of the Nation Civil and Commercial Procedural Code, is applied in cases where sufficient goods are not identified to work on the embargo or existing ones are insufficient to guarantee the credit claimed.
Once dictated by the intervening judge, the measure must be communicated by judicial trade to the corresponding property registration to be right and published in registration. From that moment, it acquires effects from third parties and restricts the legal availability of the assets of the inhibited subject.
However, the system currently works in a fragmented way. Each province, has its own inhibition record, with exclusive competence over its territory, and in some cases – as Santa Fe or Mendoza – even more than one registry within the same jurisdiction. In practice, this allows an inhibited debtor in a province to dispose of goods in another without any restriction, thus avoiding the precautionary work, and therefore, legal certainty in our country.
4) What risks do you think we run as a society if inhibition records are not unified?
During the annual assembly of records of records of the year 2022, held in Bariloche, I proposed the creation of a National Registry of General Inhibitions of Assets. The initiative did not prosper due to lack of interjurisdictional consensus.
It is painful to verify that this legal vacuum continues to benefit debtors and seriously affecting the legal certainty of our country.
By CEDOC
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