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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 2042Particulars of note of registration.

Sub-title III

In forceOfficial text

For the purposes of registration, there shall be presented to the Director of the Public Registry a note containing the following particulars:

(a) with regard to the creditor:

(i) his name, current surname, and surname at birth, where the surname at birth differs from the current surname;

(ii) his legally valid identification document number written in figures only, and where the person is not eligible to hold a legally valid identification document, the number as appearing in another document of identification;

(iii) his place and date of birth;

(iv) his place of residence;

(v) whether he is single; married; in a civil union; in a cohabitation; separated; divorced; annulled; or widowed; and

(vi) the name, current surname, and surname at birth of his parents: Provided that the Director of the Public Registry may, in his discretion, accept notes solely in those instances where it is manifestly impossible to identify any of the details: Provided further that the Director of the Public Registry shall have the right to request the presentation of other particulars which, in the opinion of the Director, serve to identify the creditor, or any detail, with the assistance or application of those listed, which the Minister may, from time to time, indicate by means of regulations.

(b) with regard to the debtor:

(i) his name, current surname, and surname at birth, where the surname at birth differs from the current surname;

(ii) his legally valid identification document number written in figures only, and where the person is not eligible to hold a legally valid identification document, the number as appearing in another document of identification;

(iii) his place and date of birth;

(iv) his place of residence;

(v) whether he is single; married; in a civil union; in a cohabitation; separated; divorced; annulled; or widowed; and

(vi) the name, current surname, and surname at birth of his parents: Provided that the Director of the Public Registry may, in his discretion, accept notes solely in those instances where it is manifestly impossible to identify any of the details: Provided further that the Director of the Public Registry shall have the right to request the presentation of other particulars which, in the opinion of the Director, serve to identify the debtor, or any detail, with the assistance or application of those listed, which the Minister may, from time to time, indicate by means of regulations;

(c) the cause of the debt or other claim, and the date and nature of the act creating such debt or claim;

(d) the amount of the capital due, or the amount stated in the cases referred to in article 2027;

(e) an indication as to whether interest on the debt has been agreed upon or not;

(f) (deleted by Act VIII.2010.61.);

(g) an indication as to whether the registration is demanded for privilege or hypothec, and, in case of hypothec, whether it is general or special;

(h) in case of privilege or special hypothec, an indication of the immovable and movable charged with such privilege or hypothec.

Amendment history
  • Amended by LXI.2020.3