Note on Opinion No. 1/96 R.P.4, of the Directorate-General for Registries and Notaries

Abstract

Proc. No. 1/96 R.P.4 – Subdivisions – annotation of the municipal decision declaring the license null – registration.

1 – The President of the Municipal Council of Resende challenged the refusal to cancel the registration of a subdivision authorization requested at the Land Registry Office of the same municipality on May 9, 1995, under entry no. 1. The registration was refused on the grounds that “the submitted document, presented after the registration of the issuance of subdivision license no. 2/95, is not sufficient to declare its nullity, since such nullity can only be declared by a judicial decision with res judicata effect \[Article 16(1) in conjunction with Article 17, Article 69(1)(b) of the Land Registry Code, combined with Articles 55.9, 57(1) and (2), and (b) of paragraphs 1 and 2 of Article 56 of Decree-Law no. 448/91, of 29 November 1991].”