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Article 439. Rectification of a registration or a provisional registration

(1) Any interested person may request the rectification of a registration or a provisional registration if:
a) a registration or the provisional registration is invalid, including where the right was mistakenly qualified by the registrar;
b) a finding or a declaration was made of the nullity or ineffectiveness of the act or fact based on which a registration or a provisional registration was made in respect of an establishment, a transfer, or, as the case may be, a termination of a registered right or provisionally registered right;
c) a registered right or the provisionally registered right has terminated under law or under the act based on which the registration or the provisional registration was made;
d) a registration or a provisional registration in the register no longer, for any other reasons, matches the true legal situation of the registered right or the provisionally registered right.
(2) A rectification of the register may be made either amicably, by way of a statement in the form required by the law made by the holder of the right that is to be deleted or modified, or, failing such statement, by irrevocable judgment.  The claimant is not bound to prove that the holder of the right to be deleted or modified failed to make the statement.
(3) If a spouse is registered as the sole holder of a registered right, upon application of the other spouse, with the consent of the spouse registered as the holder, made in the form required by law, the register may be rectified, by way of registering the common undivided right or, under law, part in the divided common registered right in the name of both spouses.  The rectification is made based on a legalized copy of the certificate of marriage if its content, taken together with the legal situation of that right described in the register, indicates that registered right was acquired during the marriage, and under law that right cannot be treated as the personal property of the spouse to whom the registered right is registered.
(4) Where the registered right or the provisionally registered right in a register must be rectified, the holder of the right is bound to surrender to the entitled person, together with the consent given in the form required by the law for the making of the rectification, the necessary documentation and, failing that, the interested person may seek the court to order the rectification of the register. In this latter case, the court will substitute the consent to registration or provisional registration of the party bound to surrender the documentation required for the rectification.
(5) An action for rectification may be lodged together with the underlying action or separate from it after the underlying action was admitted.  It can be lodged against both the immediate acquirer and the third party acquirer under the terms of Article 440, save for the action based on the provisions of (1)(c) and d) of this Article, which cannot be lodged against the good faith acquirer of a registered right acquired under a juridical act for a consideration or, as the case may be, under a pledge, mortgage or other proprietary security agreement.
(6) An action for rectification based on the provisions of paragraph (1)(b), (c), or (d) does not require a concurrent challenge of the decision of the registrar.

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