REGISTRY QUALIFICATION AND CONTINUITY IN LAND REGISTRATION: LIMITS TO ATTRIBUTING OWNERSHIP EFFECTS TO THE REAL RIGHT OF ACQUISITION

Abstract

This article analyzes the limits of registry qualification within the Brazilian real estate registration system, particularly in situations involving the submission of titles that improperly attribute ownership status to rights that, from a legal and registral standpoint, constitute only acquisition rights. The study is based on the observation of a recurring dissociation between consolidated factual reality and the legal reality reflected in the land registry, which generates tension between the effectiveness of substantive law and legal certainty. A doctrinal and analytical approach is adopted, grounded in civil and registry legislation, specialized legal scholarship, and case law from higher courts. The first axis examines the structural principles of the registration system—especially continuity, availability, and legality—highlighting their role in preserving the coherence of the chain of title. The second axis focuses on the structural distinction between the real right to acquisition and the right of ownership, based on Articles 1.227, 1.225, VII, and 1.245 of the Brazilian Civil Code, demonstrating that ownership is only acquired upon registration of the transfer title. The study concludes that it is not legally admissible to register any title that attributes ownership effects without prior registration of the corresponding transfer instrument, even in the presence of consolidated factual situations, as this would violate fundamental registry principles and legal certainty. As a theoretical contribution, the article proposes an interpretative criterion for registry qualification, grounded in the strict correspondence between the submitted title and the legal nature of the right effectively constituted.