TECHNOLOGICAL UNIVERSITY OF

HONDURAS
Commercial Law II
Professor
Lawyer. Héctor Danilo Cartagena
Task
Research on the Property Institute IP
Members
Ela Emigdia Matamoros Núñez 201630060170
Emilio Abrahan Romero Rodríguez 201720020099
Esmeralda Sibel Martínez Ramos 201320070007
Estefanía Espinal Sierra 201820110081
Fanny Sarahi Duarte Hernández 201810020049

November 2020
 1. Introduction

The concept of property is not new; we see that it has been reflected since the beginnings of humanity.
when the great empires made use of the resources taking them as part of their property,
although over the years the conception and delimitation have evolved, especially the
right that confers ownership over an asset, thus deriving from them it has been
adopting control mechanisms in relation to the asset, the rights over it, and the bodies
in charge of protecting them until we reach what we have today.

We will understand the importance of property as the essential core of an order.

legal, as it provides stability and legal security, allowing for healthy coexistence between
men, identifying and protecting each person's and everyone's belongings.

Property is the most important and complete real right, presenting itself as the center.
the core of private patrimonial law and for man it has a valuable meaning of serving
of the foundation of their freedom.

Part of the obligation of the States lies in the creation of laws that guarantee welfare,
security and legal backing, not only in rights such as life, health, a name,
etcetera of every person as established by the constitutions, but also the guarantee of
protection and creation of a framework that certifies the right to property for all persons
natural or legal, national or foreign that is governed by the regulatory framework created for the
implementation within our national jurisdiction.

Our country is not falling behind and that is why we currently have the Property Law and
with the Institute of Property.

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 2. Objectives

The present work aims to understand the regulatory framework that is responsible for establishing the
action parameters of the Institute of Property, as well as being able to know its structure and which
what its main functions are and how it is integrated, what services it provides to the public and
what is your commitment to Honduran society.

Likewise, we will be able to know its scope of application and commitment to security that
Every owner of an asset must have everything in relation to the state representative apparatus.

3. Glossary of Terms
3.1. IP: Institute of Property
3.2. SINAP: National Property Administration System
3.3. WIPO: World Intellectual Property Organization
3.4. WTO: World Trade Organization
3.5. RD-CAFTA: Free Trade Agreement between Central America, the United States and
Dominican Republic.
3.6. FTA: Free Trade Agreement
3.7. SMEs: Small and Medium Enterprises
3.8. GPS: Global Positioning System
3.9. IAIP: Institute of Access to Public Information
[Link]: Plan Operativo Anual
[Link]: Integrated Administration System
[Link]: Results-Based Management System

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4. Development
4.1. HISTORICAL FRAMEWORK OF THE INSTITUTE OF PROPERTY

The Property Registry in Honduras was established as an institution in 1880 regulated by

that moment by the civil code that was in force, and under the protection of the
Supreme Court of Justice, and from that moment different techniques emerge and evolve.
registration, such as: registration publicity, the obligation to register assets that are
they hold in the different records, the successive tract, etc.

But it is until the year 2004 through Decree No. 82-2004 that the proper creation of the
Institute of Property, its Law and respective regulation. Process that began with the
transfer of assets, rights, information, financial and budgetary resources.
necessary that subsequently allowed the consolidation of the assets of the Institute of the
Property.

4.2. INSTITUTE OF PROPERTY

The Property Institute is the government entity of Honduras responsible for executing and
to ensure compliance with the Property Law, which aims for the Nation
It has an inclusive Property system that allows the population to participate.
of the economic activities recognized by the State as a way to contribute to the
eradication of the causes of poverty.

Likewise, the main factor that enhances property as a source of wealth and driver
of human development is the 'legal security in property'. To achieve security
legal, the Institute of Property also carries out functions related to regularization of
property, modernization of property records, management of cartography
national and the application of new techniques for the collection and updating of the
cadastre systems of the country.

Likewise, the Institute of Property is responsible for the administration, implementation

and execution of the National Property Administration System (SINAP), which is a
integrated system that constitutes the telecommunications platform with national coverage
that provides access to data related to property, cartography, and regulations that govern the
land use planning.

Enmarcados en las funciones y deberes que la ley otorga al Instituto de la Propiedad y bajo el
established government plan, the current administration continues strengthening the process of
restructuring and organizational transition. Meeting the general objective of
development, which drives us to "Improve the competitiveness of Honduras through
registration transactions and processes of rapid and secure land legalization
three specific objectives are identified that constitute the path to follow to achieve an Institute
of efficient Property fulfilling its role as regulator and supervisor of the activity
registration, guaranteeing legal security to its beneficiaries:

Establishment of inclusive, efficient and legally compliant land legalization processes

that guarantee and ensure the economic development of communities and the country.

Modernization of the registration system, with the aim of achieving greater agility in the
registration transactions providing legal security and efficient response times.

Facilitate the resolution of conflicts created by poorly managed land use planning processes.
applied at the national level, thus helping to reduce extralegality and speeding up the
land market.

Mission

It is a state institution that regulates, administers, and supervises property records.

furniture, real estate, and intellectual property of national and foreign users throughout the
national territory, to protect property rights, ensuring legal security
in a precise, equitable, and transparent manner.

Vision

To be a public institution that fully guarantees the legal security of property,

acting transparently in the pursuit of results that allow for greater
credibility and commitment to society, in order to promote investment and the
competitiveness in the country.

Objectives

Contribute to land access by improving and creating expeditious mechanisms that allow
land tenure avoiding conflicts.

Consolidate legal security in the country through transparent and agile processes.

Functions of the IP:

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 1. Register and protect industrial property rights, copyright and
related rights in order to guarantee the intellectual property of creators.
It promotes and encourages the inventive activity of the national entrepreneurial population.
facilitating access to existing new technologies that are free to use to
world level.
It serves as a link between the Honduran business community and the World Organization
de Propiedad Intelectual OMPI y la Organización Mundial del Comercio OMC, para
to drive and promote the improvement of product quality through
adoption and transfer of new technologies.
4. Contributes to the protection of consumer rights by combating and/or sanctioning
manufacturers and traders who sell counterfeit products using brands
notoriously known in the national market.
5. Advises the government of the Republic on aspects of intellectual property within the
framework of international trade treaties and trade policy such as the
RD-CAFTA and the FTAs signed with several Latin American countries.
6. It contributes to creating a favorable climate for foreign investment through the
observance and application of Laws, Regulations, and international Agreements
related to intellectual property rights.
7. It serves as a consultative entity for the Public Ministry and the Judiciary to clarify.
inter-company demands or lawsuits related to the violation of the
Intellectual property rights.
8. Develop outreach campaigns for intellectual property rights in order to
that the public, business, and intellectual sectors are informed about the scope of the
intellectual property rights facing the challenges of globalization.
9. It collaborates jointly with other institutions to reinforce the levels of
competitiveness of Honduran SMEs, through the transfer of
knowledge in the field of industrial property rights.
10. Contributes to the improvement of the quality of goods and services in the sector
business of the country.
11. Maintains information exchange relationships on property issues
intellectual with the rest of the countries in the CA area.

Scope of Application

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The scope of the Law that gives rise to the Institute of Property is National, already
what is a tool for business promotion and research, that stimulates the
economic, scientific, technological, and social development, it also contributes to
growth of national and foreign investment leading to better opportunities for
job creation and increase in the national economy.

Some Attributions

Comply with the legal framework created for the protection of property.
Coordinate the creation of a property information system.
3. Have a computer network that allows public access to data related to the
property in the country.
4. Incorporation of technical standards and practices related to property.
5. Administration and supervision of procedures related to rights of
property subject to registration.
6. Issue the relevant regulations regarding the establishment and operation of
property registration, movable and immovable property and other related ones.

4.3. ORGANIC STRUCTURE OF THE PROPERTY INSTITUTE

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 4.4. DIRECTIONS OF THE PROPERTY INSTITUTE

[Link] Directorate of Registries

It is responsible for ensuring the legal security of land tenure through the
modernization procedures, georeferencing through stations of
global positioning (GPS).

It is also responsible for managing and rebuilding the national geodetic network, with which it
general and updates all basic cartography of the country.

[Link] Directorate of Land Regularization

This address is in charge of the implementation of the land regularization process of the
real estate property of the country, implementing timely activities for the solution of
conflicts of land possession and tenure, titling, subscription and incorporation into
national cadastre, Useful Domain, public necessity and prescription.

It is also responsible for ensuring the full rights of Indigenous and Afro-Honduran peoples.
knowledge of rights, the use, administration, and management of communal property.

[Link] Directorate of Intellectual Property

In accordance with the global trend in the field of Intellectual Property, the Honduran State
It fosters the environment of legal security through the General Directorate of Property.
Intellectual which is technically assisted by the World Intellectual Property Organization
Intellectual (WIPO), and acts in accordance with the cooperation agreements signed by Honduras.
with the World Trade Organization, WTO and the Free Trade Agreement with
United States (RD-CAFTA), commonly the concepts of trademarks, patents are handled.
literary and artistic works, as a single subject. It is derived from this that the property
intellectual consists of;

[Link]. Industrial Property

[Link]. Copyright and Related Rights
[Link]. Electronic Signatures

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 [Link] Administration Directorate

It is responsible for administrative processes and control from start to finish in which it is involved.
relationship with the Institute, likewise is responsible for verifying, collecting, quantifying, and distributing

the income, with the purpose of meeting the needs presented by the different
address, units and departments that make up the Institute of Property.

[Link] Directorate of Vehicle Registration

It is responsible for the registration of all vehicles that circulate in the country, incorporating them into a

database in which each of them is identified and their status (changes of ownership,
plate changes, physical changes, locks, unlocks, discharges, etc.

4.5. OTHER UNITS BELONGING TO THE INSTITUTE OF

PROPERTY

4.5.1. General Secretary

It is responsible for overseeing the bidding processes, has knowledge of the resolutions,
audiences, certifications, issues legal opinions on matters related to the Institute of
the Property helps with the process of ratifying the signatures it issues
executive secretary and the president of the council.

It also contributes to the competition and response to the requests made by the
Public Ministry.

[Link] Advice

It is responsible for providing Legal Advice through its team, developing

different legal processes, in defense of the interests of the State through the IP, by means of
acciones judiciales pertinentes ante las distintas instancias judiciales a nivel nacional.

[Link] Audit

It is the unit in charge and responsible for the audit carried out on each of the directions.
department and units that make up the Institute of Property, to ensure the achievement
of institutional objectives and results through evaluation with a comprehensive or
management.

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 [Link]

It is the body responsible for ensuring compliance with the functions assigned to it by law.
correspond to the Property Institute, this unit may act on its own initiative or at the request of
stakeholder, also responsible for being the controller of the officials and employees of
Property Institute, verifying its actions in accordance with legal parameters and
morales.

[Link] of Resources

It is a legal-technical body responsible for handling appeals.

filed against the acts of the Secretary General, Executive Directors, and Registrars

Purchases

Responsible for acquiring all the supplies and materials necessary to fulfill the
mission of the Institute of Property.

[Link] Coordination

Its purpose is to ensure the execution of programs and projects that are funded with the
money from the Institute of Property and/or external funds that are given to the institute.

4.5.8. Office of Transparency

Its main function is to ensure transparency in all processes in which it is involved.

See related to the Institute of Property, as well as being able to provide all the information.
requerida por cualquier persona natural o jurídica y acatar los lineamientos dados por el
Public Information Access Institute (IAIP)

[Link] Resources

In charge of human resources, as well as their recruitment and training.

Moreover, it is vigilant because the staff complies with the rights and duties in accordance with the

Law and internal regulations governing the Institute of Property.

[Link] Unit

Its purpose is to disseminate all favorable news that is related to the

Institute of Property.

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 4.5.11. Unit of Planning and Evaluation of Management

It has the authority to formulate, monitor, and evaluate the Annual Operational Plan.
(POA) of the Institution.

Likewise, it is responsible for the monthly report of the results and progress of
the physical execution on the platforms of the Administration System (SIAFI) and System of
Results-Based Management (RBM).

4.5.12. Healthy Living Unit

It is responsible for ensuring the health and safety of its employees and officials by implementing
preventive actions for hygiene and well-being.

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 5. Conclusion

It is extremely essential for all states to have regulations that provide

the support and provide the legal security that all inhabitants of a country need,
Our Institute of Property as such is relatively new, currently it has 16
years and although its regulatory framework provides all the parameters for its proper action, it is
It is extremely necessary that day by day the processes carried out at the IP become more
expeditious and that the right which all inhabitants have is truly guaranteed
like that of the property.

Let's remember that we not only have the Property Law but also with our
Constitution of the Republic which mentions textually in its Article 103.- The
The state recognizes, promotes, and guarantees the existence of private property, in its broadest sense.

concept of social function, and with no other limitations than those that are necessary
or of public interest established by law.

It is the function of the State to strengthen the regulatory framework that provides support to the
property titles.

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6. Bibliography
6.1. Website of the Property Institute.[Link]
6.2. Decree No. 82-2004, Property Law