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Legal subjects
The voluntary inmobilization of goods. | The voluntary inmobilization of goods. |
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The inmobilization of goods.
The voluntary immobilization of goods that are registered at the Registry of the Property, it´s guaranteed and protected by the Guatemala law, providing the owner legal security. The State of Guatemala guarantees and provides the mechanisms necessary to provide the good and land owners in the respective Registries, its immobilization (that consists that the owner can´t sell or morgatge their property) with which any bad practice will be avoided that could harm them with the reduction of the registry security. It is thus that by means of the entrance in use of Decree 62-97 of the Congress of the Republic, the Law of Voluntary Immobilization of Goods is decreed Registered, in where they are regulated and they determined the procedures to follow to guarantee the immobilization of the good. The inmobilization consists that the owner can´t dispone of the good for all the time it´s protected, with some exceptions, and in that case, if the Register of the Property receive a file, it will be denied, for that reason. It’s recommendable to immobilize the property, in those cases in that the proprietor has predicted that the registry security does not think about short or medium term to alienate it (to sell, to donate, to permute, etc.) or to burden it (to mortgage, to pledge, etc.) or to be guaranteed of which no of these operations has an operation, except for them case in that mediates judicial order to guarantee you are them from a particular judgment. The minimum term to immobilize the property can be days, weeks, months, years, but the maximum term is 3 years, being able to return to ask by a similar term or less. The proprietors (in its personal character or representation of somebody) must ask for it and in writing subscribed by their owner (or in his quality of representative) and to shape their digital track, next to other requirements that must contain the respective writing. In Aragón & Aragón our Notaries can advise and take care of the process to immobilize your property, it faithfully we recommend to lead this legal figure, so as desinmobilize, contact us. |
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