The Directorate General of Legal Certainty and Public Faith rules that rectifying a registry entry to correct a divergence between the actual intent and the declared intent of buyers does not constitute a mere material error. Since the meaning of the original legal transaction is altered, correction requires compliance with Article 217 of the Mortgage Law, necessitating the unanimous agreement of all interested parties or a judicial order (art. 217 LH). The text clarifies that if the inaccuracy stems from the title rather than the registry entry, it is not considered a conceptual error under Article 219 of the Mortgage Law.
For individuals and buyers, rectifications of deeds intended to modify ownership or property regimes (such as converting undivided shares into usufruct and bare ownership) cannot be carried out through a simple unilateral rectification deed. The appearance of all original grantors of the title is required to ensure legal certainty (Art. 217 LH). Notaries and registrars must demand this formal procedure when the inaccuracy of the title affects the substance of the legal transaction and is not merely a drafting or entry error.
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