Scope of the real subrogation of the Housing regime from a registry approach

Abstract

The present work deals with the incorporation of the institute of real subrogation in the Civil and Commercial Code of the Nation (art.248), as a way of giving continuity to the protective system of Housing, in order to preserve the effects of unenforceability and enforceability, retroactively to the date of its constitution. From a registry perspective and with a descriptive methodology, it is proposed to analyze the scope of the institute, and describe the new assumptions that are used in practice. It is concluded that the subjective modification of the beneficiaries and the partial real subrogation in concomitance with a new affectation to Housing are legally viable. The same position is held, in the case of substitution of the security system to another pre-existing property in the heritage of the constituent. Regarding the instrumentation of the real subrogation, it is not necessary to reserve the right since it enjoys constitutional protection and the use of retropriority is advised in case of notarial affectation. Finally, both the surface owner and the usufructuary are entitled to affect the home without the consent of the owner and can also make use of real subrogation.