Translate

Monday, January 12, 2015

PERU VIOLATES PRIVATE PROPERTY @ HUMAN RIGHTS The Article # 2014 of the Civil Code "selling good faith" Makes it all legal





We must eliminate, eradicate laws that violate the citizen´s rights, affect the right to property and Article 2014 of the Civil Code "selling good faith" because they promote impunity of thieves, fraudsters, extortionists, usurpers, land traffickers and property, perfect for launderers, for political corruption that benefits from transactions under the table, drag the political class and especially such laws violate Peruvian Democracy therefore scare foreign investors and probably if not removed void the free trade "selling good faith" is unconstitutional and complicit in the fraud and theft of thousands of Peruvians to their constitutional right to private property



                                                
  The Bad authorities and corrupt officials make it possible job losses and hopes getting into the wrong hands.
The law holds a clause without penalty designed to exploit Peruvian residents abroad and stripped of their property rights in complicity with registry officials.
Necessary to assure the protection and SPECIAL Peruvian this out and if their relatives take advantage of his absence must have a way to recover everything retroactively as a law making the invalidity of the act where the immigrant they violated their constitutional rights, property or inheritance replenish their property owned or replace him with money the amount of the current value of goods
We must eliminate, eradicate laws that undermine and affect the right to property and Article 2014 of the Civil Code, "the sale of good faith."
We must eradicate Traffic land and defend our constitutional right PROPERTY every day we see in the print media, radio, television several cases of violations of property rights apparently some congressmen who allow this to happen it is part of organized crime or just the Swedes do. To me it happened to me 32 years ago an attempt on my life to strip me of my lands Cieneguilla style Orellana Renjifo until now the scoundrels who appropriated my land with impunity and shield of Mayors, corrupt police and judiciary rotten is unfazed what is justice. Years later I inherited a property and close relatives sold them without my consent false powers in my absence and political exile, most curious thing that SUNARP everything appears on their behalf without my having signed any document now on behalf their proxies with the excuse of "sale in good faith" is very difficult to recover.

 


  The traffic of land in Peru, has become a national sport, which are involved offenders usurpers, public officials, and politicians who constantly benefit from this and appear new "feudal" landowners benefited laundering since the transactions are perfect for this.
Our system of government is full of laws that shield corruption, judiciary and several agents of organized crime infiltrated promote this cancer that weakens our democracy, our Congress also to blame for failing to make a common front to defend against these criminals and I allow it. It is known to resort to the judiciary becomes a torture, often spending huge amounts of money on lawyers and paperwork among others for nothing. We must demand that Congress, the Government Municipalities to eliminate laws affecting property rights such as Article 2014 of the Civil Code, "the sale of good faith."
COFOPRI, this entity is the crux, the most
corrupt as it is shown that since its inception the purchase of "good faith" should be removed and returned retroactively land to all who have been scammed by this vehicle organized crime Article 2014 of the Civil Code and warn all officials public it's a scam theft accepting a procedure no matter that the documentation is false if the trouble to inquire to Municipalities in most cases in districts where in cahoots with land squatters or illegal traffickers  not take many invasions are involved and associated with traffickers land
This is the ultimate all are pure bills, but none is approved by Congress and promulgated by the President, meanwhile usurpers remain at home stolen property, enough of delays must take emergency measures and the Council of Ministers can and is obliged to do so, such as requiring congress to pass bills that need and add dozens, is not only sanctions but also very hard with no lesser penalties than 15 years.
Urgent measures to be taken by the Government:
The effective and urgent removal Peru Civil Code, Art. 2014 Sale of good faith. This article is even contradictory to the Constitution of Peru, which guarantees the right to property and that no one can be deprived of it, but check law loophole to this article 2014, the mobsters solved the problem.
Add this article to C C. No property can be sold within three years to a third party, nor if the property is in dispute may be sold or demolished, the sale of any property must be reported to their former owners, which may object within eight days if there is a theft problem.
All cases of judgments owners usurpers must be published in the Official Journal Peru, for the public to know against whom are the demands.
There is no right and this is a tremendous injustice that the owner loses all rights to your property when it is sold for the third time, when your house is demolished, or when your property is built, in this case the legal and original owner is entitled to stay with the construction and / or compensation for all who were involved in the act of usurpation, up to the full value of building the house demolished the price of the replacement value of the home.
Another item that should be included in the CC. All awards of land no larger than 500 m2, and for which the Contractor has paid the property tax for over 10 years should be automatically recognized by the state as belonging to the owner or his legal heirs, without the intervention is necessary COFOPRI, only involving the District Municipality, which is the collection agency and who at the request of the owner or heirs entered in SUNARP.
The tupa of COFOPRI, must be amended by the Council of Ministers in the sense that this entity is required to consult and exchange information with the municipalities or ministries, on the grounds that the owner will thus be able to stop any intention of obtaining a deed with fraudulent documentation.
The right to property is also a case of Human Rights. When There is a case of violation of human rights by killing or torture, they do not prescribe, so therefore cases of counterfeiting and deprive of property to the rightful owners should not prescribe as a house gives security to the family sheltering her hazards.

  We must eradicate Traffic land and defend our constitutional right PROPERTY every day we see in the print media, radio, television several cases of violations of property rights apparently some congressmen who allow this to happen it is part of organized crime or just the Swedes do. To me it happened to me 32 years ago an attempt on my life to strip me of my lands Cieneguilla style Orellana Renjifo until now the scoundrels who appropriated my land with impunity and shield of Mayors, corrupt police and judiciary rotten is unfazed what is justice. Years later I inherited a property and close relatives sold them without my consent false powers in my absence and political exile, most curious thing that SUNARP everything appears on their behalf without my having signed any document now on behalf their proxies with the excuse of "sale in good faith" is very difficult to recover.
The traffic of land in Peru, has become a national sport, which are involved offenders usurpers, public officials, and politicians who constantly benefit from this and appear new "feudal" landowners benefited laundering since the transactions are perfect for this.
Our system of government is full of laws that shield corruption, judiciary and several agents of organized crime infiltrated promote this cancer that weakens our democracy, our Congress also to blame for failing to make a common front to defend against these criminals and I allow it. It is known to resort to the judiciary becomes a torture, often spending huge amounts of money on lawyers and paperwork among others for nothing. We must demand that Congress, the Government Municipalities to eliminate laws affecting property rights such as Article 2014 of the Civil Code, "the sale of good faith."
COFOPRI, this entity is the crux, the most
corrupt as it is shown that since its inception the purchase of "good faith" should be removed and returned retroactively land to all who have been scammed by this vehicle organized crime Article 2014 of the Civil Code and warn all officials public it's a scam theft accepting a procedure no matter that the documentation is false if the trouble to inquire to Municipalities in most cases in districts where many invasions are involved and associated with traffickers land

TITLE XIII

CRIMES AGAINST PROPERTY

CHAPTER I

Crimes against personal property, with violence on things

Article 340. (Larceny)

He who seizes another's furniture, sustrayéndosela the holder to exploit, or cause another to take advantage of it, shall be punished with three months imprisonment to six years imprisonment.

341. (Aggravating circumstances)

The penalty shall be twelve months imprisonment to eight years' imprisonment if the following aggravating circumstances:

     If for committing the offense the subject had entered or is sustained in a building or elsewhere, intended for habitation;
     If the subject take them weapons or narcotics, although not make use of them;
     If the removal is effected on person in a state of physical or mental inferiority; or skill; or surprise by grabbing things the victim carried with it;
     If the act was committed with the involvement of two or more persons; or only one simulating a public official or with the participation of a dependent of the victim;
     If the crime was committed on objects or money from travelers, whatever the means of transport, while driving, as well as deposits and stations, lodging and any other place where food or drinks were supplied.
     If the crime was committed on existing things in public establishment or they may be in its custody, or exposed to the public, by necessity or by custom for the public service or utility, defense, reverence or public charity;
     When the victim is a manager of cash or securities.

342. (Larceny of use, things of little value or common things. Extenuating -Acts)

They are extenuating circumstances of this crime, the following:

     That the subject has committed the theft of the thing, to serve her momentarily, without compromising its integrity, making restitution or leaving it in conditions that allow the owner to re-enter his possession;
     That the abduction has fallen on things of little value, to meet a need, in the circumstances set out in Article 27.
     That the removal was made by the owners, partners or heirs, of things belonging to the community. Subtraction of common things are not punished when they were expendable, and the value does not exceed the quota share that corresponds to the perpetrator.

343. (Larceny of energy)

Article 340 applies to the theft of electricity and potable water, unless it is operated by intervention on the meters, in which case the provisions governing scam.



Crimes against personal property with violence in people

Article 344. (Prey)

Whoever, with violence or threats seizes chattel, sustrayéndosela the holder to exploit or make another advantage of it, shall be punished with four to sixteen years imprisonment.
The same penalty applies to that, after the consummation of the abduction, violence or threats employed to make or secure a third possession of the thing stolen, or to obtain or procure a third party impunity.
The penalty will be raised to third when any of the circumstances under Article 341 as they are applicable.

344 bis. (Rapiña with imprisonment. Copamiento)

Whoever, by violence or threats, seizes chattel, sustrayéndosela the holder to exploit or make another advantage of it, with imprisonment of his or her victims, whatever the place in which it is consumare shall be punished with eight to twenty-four years imprisonment.

345. (Extortion)

The one with violence or threats, compels one to do, tolerate or not to do something against their own right, to procure himself or to procure another unfair advantage in damage of the victim or a third person, shall be punished by four to ten years' imprisonment.

346. (Kidnapping)

Which deprives of liberty a person for it, or a third party, as the price of his release, an unfair advantage in their own or another benefit himself be or not its purpose, shall be punished with six to twelve years imprisonment
.

CHAPTER III

Crimes against personal property by deception

Article 347. (Swindle)

The one with stratagems or contrived deception, error induces any person to procure himself or a third party an unfair advantage in damage to another shall be punished by six months imprisonment to four years imprisonment.

348. (Aggravating circumstances)

They are special aggravating circumstances:

     The act takes place in harm the state, municipality or other public entity.
     The act is done generating the victim in fear of an imaginary danger or persuasion to obey an order of authority.

349. (malicious destruction own thing, mutilation or malicious person himself)

Whether to get the price of insurance or other undue advantage, destroys, or conceals deteriorare one thing about your property, shall be punished by three months in prison to three years imprisonment.
The same penalty applies to that induced by identical purposes, it would make less concluded infer personal injury.

350. (Abuse of psychological inferiority of minors and incapable)

Whoever abusing needs, inexperience or passions of a child or the disease state or mental impairment of a person, to procure himself or other a profit, he doeth performing an act that amount no legal effect, to his detriment or prejudice of another, shall be punished despite the invalidity of the act, nine months in prison and five years' imprisonment.

350a. (Receiving)

Which, after a crime has been committed, without his execution concert, authors, co-authors and accomplices, with advantage for himself or for a third party acquiring, receiving or concealing money or effects from a crime, or any intervenes way acquisition, receipt or concealment, shall be punished with imprisonment of six months to ten years imprisonment.
Are considered aggravating the offense:

     That the effects are received for sale.
     the agent did this activity your usual life.
    
    
     CHAPTER IV
     Crimes against personal property, which is in possession

     Article 351. (Misappropriation)

     Which appropriates, making it his or herself or a third party, money or chattel another, he would have been entrusted or delivered by any title Any importation obligation to restore or to make a use of it, shall be punished with three months imprisonment to four years imprisonment.

     352. (Abuse blank signature)

     Which abusare a signed sheet blank, which has been returned to the obligation to restore or to make a use of it, writing or by writing a declaration that amount no legal effect, to the detriment of the signatory, shall be punished by six months in jail and five years' imprisonment.

     353. (Appropriation of lost things or things -of-gotten treasure-error or unforeseen circumstances)

     Shall be punished by complaint of the victim, with 20 UR (twenty indexed units) 40 U. R. (four indexed units) fine:
     Which having found some lost money or thing whose value exceeds fifty dollars, is the appropriates without observing the requirements of civil law on the finding;
     He who, having found a treasure, appropriates in whole or in part, its share in the estate owner;
     He who appropriates another's property, the value given above, which had come into possession as a result of an error or unforeseeable circumstances.

Constitutes an aggravating circumstance the fact that the culprit knew the owner of the proper thing.


CHAPTER V

Crimes against the property

Article 354. (Usurpation)

Shall be sentenced to three months in prison to three years imprisonment:

     Whoever by force, threat, deception, abuse of trust or underground and purposes of seizure or illegal use, partially or totally'll take care else's premises;
     Which, for purposes of seizure or illegal use, removes or alters the markers that determine the boundaries of a property;
     Which, for purposes of seizure or illegal use, divert the course of public or private waters.

355. (violent disturbance of possession)

Which, outside of the above cases, to disrupt with violence or threats on people, quiet possession of a property, shall be punished with three to twenty four months in prison.

356. (illegitimate Penetration foreign estate)

Which, against the express or implied will of the lawful occupant, soak in and outside founded, being surrounded by this wall, fence, wire, ditch or works of similar nature, for its stability, shall be punished with 10 UR (ten units indexed) 100 U. R. (one hundred indexed units) fine.

357. (abusive Hunting)

The same penalty shall be imposed on anyone cazare in foreign estate, against the express prohibition of the rightful occupant.
CHAPTER VI

Crimes against real or personal property

Article 358. (Damage)

Whoever destroys, mutilates deteriorare or any way in whole or in part something real or persons, shall be liable to a complaint, if the act constitutes an offense more serious, a fine of 20 UR (twenty indexed units) 900 U. R. (nine hundred indexed units).

358a.

He who destroys or otherwise harm you fully or partially another's real or occasion or during a sporting event or other public spectacle, during development or to enter or withdraw from it, shall be punished with imprisonment of three to fifteen months.

359. (Aggravating circumstances)

Proceed in office and the penalty is three months imprisonment to six years imprisonment, if the following aggravating circumstances:

     If mediare any of the circumstances set forth in paragraphs 3 and 4 of article.
     If the crime was committed on existing things in public establishments, or they may be in its custody or exposed to the public by necessity or by custom, or for the public service or utility, defense, welfare or public reverence.
     If the damage is effected by revenge against a public official, an arbitrator, an interpreter, an expert or a witness because of his functions.
     If the offense was committed with violence or threats or by reason of strikes entrepreneurs or workers by reason of strike.
     Defense against usurpation registration
     In addition to physical encroachments there are other less bulky but equally detrimental to the owner. I mean, counterfeit or adulterated documents entering the Property Registry and allow deprive the rightful owners. Illegal circuit consists of impersonation owner and / or notary, pretending a sale or a power, with which it is "transferred" the property to an accomplice or a careless buyer. The false instrument itself produces no plunder, but the fact that it is registered in the Property Registry, and especially the appearance of bona fide third parties to register their titles that become untouchable (Article 2014 of the Civil Code) .
     Our real estate legal system deserves innumerable critics, it is true, but as he is not change we can only be prevented. There are three very useful solutions to address the situation described above, namely: i) the registration alert, ii) to allege possible falsification, and iii) blocking for alleged forgery. The "freezing of items" is a more radical and expensive instrument which I will another time.
     The registry is a free alert mechanism by which reports on securities admitted to the Property Registry. Any person (not just the owner) you can register on the website of the Public Records (www.sunarp.gob.pe), indicating an email and the properties of interest. Any document regarding properties enter will be reported to have been recorded in the alert, via mail appropriated (Directive 06-2013-SUNARP-SN). The notice comes on the same day you go a document, but a few hours later. Thus, the person knows you entered a title and if it is odd can act immediately.
     The fault for possible falsification is a tool that has emerged from the registry practice. When the owner reports the income of a false title, please refer to the Management of Real Property of the office, or own registrar who is calling the fraudulent document, providing particulars showing counterfeiting. If the manager is persuaded he will endorse the information and shall notify the registrar in charge who aware and convinced that there impersonation shall cancel the title, ie reject the registration of illegal act (Article 36 of the General Regulations of the Public Records ).
     The lock works when the alleged forgery fraudulent act is already registered. If it was not possible strikeout in qualifying or it could not be promoted because the owner was unaware entry document (I had registrar alert), or just happened, even fits the lock. It is a critical situation, because anytime there could be a third party in good faith and all will be lost. The owner must act quickly, asking the head of the registry office corresponding blocking the starting of the property, on the basis of elements showing falsehood. If the leadership is convinced of wrongdoing have blocking heading for 120 days (Directive 001-2012-SUNARP / SN). This serves as a warning to others who may no longer invoke good faith. It must be emphasized that this is a temporary solution. The owner should demand immediate cancellation of false title before the Judiciary and get there an injunction to demand you enroll throughout the duration of the process.
     In short, all "alerts" to "cross out" time theft via records, or if any "lock" a third of alleged good faith.

1 comment:

  1. gatewaytosouthamerica provides Real Estate News for the serious investor interested in South America Property. Researched by professional journalists.

    ReplyDelete