Can the Registry disregard the cause?

Abstract

The cause of the transfer of assets is essential in our registration system, which depends on the requirement of the cause in the transaction. Wherever you look (donations mortis causa, forfeiture clauses, atypical guarantees, exorbitant transfers of assets, regional law regulations, and a long list of others), the cause always appears to resolve practical problems that arise in reality. It appears as a fundamental element to be considered when registering a property attribution. It also appears as a key element when determining the effects of an already registered attribution (thus, the greater or lesser powers of disposal of the registered owner). In any case, it must be borne in mind that the cause appears through the material and formal vehicle that it uses: the contract. Therefore, disregarding the cause would make it much more complex for its functions to continue to be fulfilled and would hinder the fulfilment of those functions that the registration qualification currently serves.