The mandatory obligation to apply for the inheritance registration under the amended Immovable Property
Registration Law (IPRL) in 2021 created an exception to the principle of voluntary registration as the opposability requirement against a third party for the acquisition of immovable property rights. However, if we look into the details of the amended provisions of the IPRL on the mandatory registration of the ownership acquisition through the succession of immovable property, it is found that they will complement the application of Section 899-2 of the amended Civil Code in 2018 which extended the scope of application of the opposability requirement by the immovable property registration to the inheritance acquisition through the succession. They can also be justified as the necessary exception to the principle of voluntary registration of immovable property acquisition in the IPRL to maintain the public interest( Article 29 ⑵ Constitution, Section 2 Basic Law of the Land, Section 1 ⑴ Civil Code) to be secured by the registration of immovable property acquisition, because the purpose of provisions on the mandatory registration is to reduce the social costs of immovable property management and the means of the mandatory registration is limited to the application of the acquisition of immovable property through the succession, facilitated by the simplified procedure the applicant of registration, and only sanctioned by the limited imposition of a fine against the failure of applying the registration.
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