Abstract

GONZALES BARRON, Gunther Hernán. Technology and legal security in the recent changes to Peruvian notary law. Rev. IUS [online]. 2015, vol.9, n.36, pp.249-273. ISSN 1870-2147.

Real estate fraud is one of the most serious problems affecting Peru to the detriment of the homeowners, as both the counterfeits and falsifications achieved while goods are transferred to third parties acting in good faith, in practice, make the property unrecoverable.

For this reason, the legislators have seen the need to confront the difficult situation through an urgent reform of notary law, concluded with the adoption of the Legislative Decree N° 1232, which among several positive reforms, introduces stringent obligations of the notary in order to verify the identification of persons in the public documents and allow the issue of transfers or virtual copies by means of electronic signature; in this way the office of notary and the public register are interconnected, without the need for intermediaries. However, the standard also presents serious omissions, and therefore does not solve the cases of fraud that originate from the arbitration and from the public record itself.

Keywords : Real estate fraud; document falsification; notarial function; public notarial instrument; technology in identification of persons; technology and legal security.

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