| See No. 2927 to the Legal Office Superintendency of Notaries and Registration To: Doctor ORLANDO RONDON E-mail QUICENO rondonabogado@hotmail.com Mall Aquarium Local 7 Leticia, Amazonas Subject: Buying real estate by Colombian adoption CN - 08 38 090 ER filing dated October 20, 2006 Date: November 10, 2006 Dear Dr. Rondon Quiceno: Consultation in the matter described, if it is permissible for a woman Peruvian by birth, but Colombian by adoption, living in Leticia, Amazonas, buy a house for their home and their children, who are Colombian by birth. Legal Framework: Civil Code Constitution Considerations Legal Office: Article 96 of the Constitution states: "These are national Colombians 1. By birth ... (...) Sheet No. 2 Dr. Orlando Rondon Quiceno 2. For adoption: a) Foreigners who apply for and obtain a certificate of naturalization, according to the law, which define the cases in which Colombian citizenship is lost by adoption b) The Latin American and Caribbean-born resident in Colombia, with government approval and in accordance with the law and the principle of reciprocity, request to be registered as Colombians in the municipality where they reside, and; c) The members of the indigenous peoples who share border with implementation of reciprocity according to public treaties. No Colombian by birth may be deprived of his nationality. Colombian national quality was not lost upon acquisition of another nationality. The national will not be obligated to renounce their nationality of origin or adoption. " This recognition of nationality by adoption is subject to the same article the application of reciprocity treaties, such as the Amazon Cooperation Agreement with Ecuador (1980) and the Amazon Cooperation Treaty with Peru (1979), the Integrated Development and Support Basic Wayuu Indigenous People in Venezuela (1990). . Article 100 of the same regulation states: Foreigners in Colombia shall enjoy the same civil rights granted to Colombians. However, the law may, for reasons of public policy, subject to special conditions or deny the exercise of certain civil rights to foreigners. Likewise, foreigners shall enjoy in the territory of the Republic, guarantees granted to nationals, subject to the limitations established by the Constitution or the law. Political rights are reserved for nationals, but the law may allow foreigners residing in Colombia the right to vote in elections and referenda at the municipal or district. " Sheet No. 3 Dr. Orlando Rondon Quiceno Article 1849 Civil Code provides: "The sale is a contract whereby one party agrees to give one thing and the other to pay cash . That is said to sell and the buy. The money the buyer gives the thing sold is called price. " And Article 1851 Ibid, said:" They are skilled in the sales contract all persons that the law does not declare unfit to celebrate or to hold any contract. " Regarding the acquisition of real estate by foreigners in the country, there is limited the case of vacant land located on the shores national and border regions with neighboring nations, whether intermediate lots reserved by Article 52 of the Tax Code (Act 110 of 1912) or non-reserved, which can only be awarded in accordance with existing rules on the subject, only to Colombians by birth. also acquired the vacant land under this article may not be transferred to foreigners in any capacity. Article 674 of the Civil Code ruled that the Union called the blessings of those whose domain belongs to the Republic. The Constitution in Article 102 states: "The territory, with the public goods that are part of it, belong to the Nation." turn Article 166 of Decree 2324 of 1984, considered as public goods: the beaches, low tide lands and coastal waters, are therefore not transferable to any title to private. Also, Decree 225 of 1973 in its article 1 states: "The notaries in the country and the foreign consuls may not allow the deeds by which ownership is transferred property in the Archipelago of San Andres and Providencia People please Colombian natural than birth or foreign legal person but when the same instrument protocolice proof that the property that is transferred out of the national heritage before the enforcement of Decree 1415 of 1940. " Sheet No. 4 Dr. Orlando Rondon Quiceno Law 467 of 1993 in its Article 27 provides: "The department's beaches and islands that comprise natural resources are public goods and therefore have characteristics of being inalienable and indefeasible. " Consequently, foreigners can buy property in our country provided that such acquisition not impair the rights of sovereignty which is the Colombian state. Regarding your inquiry, the Office of General Counsel believes that if the Land Use Plan of Leticia, Amazonas, there is no obstacle to its adoption from Colombia to acquire a property, in this case a house for shelter, Mrs. Colombian Peruvian by birth and adoption can purchase. would be helpful to consult with the Ministry of Foreign Affairs, if there is any international agreement that would prevent the transaction. With feeling special consideration, Roberto Burgos Cantor Chief Legal Office GEVB / 11/10/2006 / JDC |
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