Abstract

This study examines the documentation of legal transactions relating to the subdivision of real estate in light of Law No. 25.90, considering it a legal mechanism for protecting the urban environment and limiting informal subdivisions. The study highlights that the legislature requires obtaining a subdivision permit or an administrative certificate before certain transactions may be documented, and entrusts the task of documentation to notaries and adouls (Islamic notarial officers), while obliging them to verify the legal status of the property and ensure compliance with the conditions prescribed by law. The study also shows that violating these rules leads to the nullity of contracts, in addition to disciplinary, civil, or criminal liability for those who draft them. Furthermore, it reveals certain shortcomings in the legislative framework, particularly the fact that the requirement of a subdivision permit is limited to sales and partition operations, despite the possibility that subdivision may also result from other ownership-transferring transactions. It also points to the ambiguity surrounding Article 72 of Law No. 25.90 regarding the nature of the nullity, which has led to divergent judicial interpretations. The study concludes that these provisions should be revised in order to strengthen the protection of the urban environment.

Keywords

Real estate transaction documentation; Property division; Law No. 25.90; Division authorization; Invalidity; Legal and urban security.