The Judicial Register of Defaults (RIJ) as a Preventive Instrument Against Rental Delinquency in Urban Leases

Abstract

Building on the longstanding doctrinal and institutional demand for mechanisms that allow landlords to access reliable information on previous breaches of contractual obligations, this paper examines the capacity of the RIJ to correct the information asymmetry between landlord and tenant, enabling more rational decision-making at the pre-contractual stage. It also analyses the tension generated by this instrument in relation to constitutional rights and principles, in particular the right to honour, the protection of personal data and the right to housing, highlighting the need to apply standards of proportionality, accuracy and relevance of the breach.