Registration Act

Although the function of Registrar advertising is always the knowledge by third parties make possible, sometimes does not have the same effect. So depending on the effect produced, often distinguish three types of advertising, distinguished basically as: declarative advertising, constituent advertising, and advertising news. First find the declarative advertising, perhaps of greater assiduity. It implies that real law is born before your registration in the registry, advertising is only as a consequence make effective the Act against third parties. Synoptically, not the opposability of erga omnes of the same produces the birth of law, only optimisez. We now write down the constituent advertising, in contrast to the previously developed, law arises at the time that occurs registration, hence its name. I.e., advertising is the law, which was born as a consequence of the Registration Act.

The most invoked customary example is the mortgage. Lack of registration in these cases, involves the non-existence of the right in rem. Last, and in some cases missed by his impartiality, find advertising news, whose teleology is to inform. Not it then affects opposability declarative – u constituent Constitution – law case.