The
need to develop an information system to support the provision of services
became evident when the Public Registries were unified at an operational
level, making it necessary to work with two systems at the same time, slowing
and complicating the flow of work. The two systems were also conceptually
independent, and publication of registry information about aspects of goods
and chattels, license plates or registration numbers assigned, and liens
related to them were registered in different ways in each system.
Because
the information systems dated from the beginning of the 1980s, their data
storage capacity was practically exhausted. There was also a lack of controls
on the processes which were carried out by officials, the ability to access
information was limited, there was no program for generating listings and
reports, and there were no programs for validating safety mechanisms of
documents, such as security forms, signatures of notaries, receipts of
payment of rights and legal stamps, taxes for property transfers, etc. The
lack of automated procedures for carrying out these and other tasks meant
that control had to be carried out manually, which resulted in inadequate use
of human resources, and slow services provided to users.
Given
this situation, and the need to comply with one of the twoof the goals of the National
Registry Administration at that time - institutionalization of the Goods and
Chattels Registry, and achieving more efficient provision of the Institution's
services -analysis began in May, 1992 for the creation of an automated system
to support the requirements of the new Registry.
Costa
Rican legislators created the Goods and Chattels Registry in 1964, pursuant
to provisions in Art. 236 of the Commercial Code, Law N.º 3284 of April 30 of
that year which says:
"The
Goods and Chattels Registry is created, located in the city of San José, and
shall act jointly with the Pledges Registry".
In
spite of the Law's content, the various Goods and Chattels Registries were
organized - technically and administratively - as independent registries,
although the Law for the Creation of the National Registry, Law N.º 5695, of
May 28, 1975 and its amendments in Art. 2 amended through Law N.º 6934 of November
28, 1983 provided that:
In
addition to those assigned by other laws, the National Registry is constituted
by the following registries: the Public Registry (including goods and
chattels, mortgages, mortgage bonds, horizontal properties, leasing, persons,
mercantile, associations, the media and publicity agencies); the Goods and
Chattels Registry (including matters concerning pledges and vehicles); the
Industrial Property Registry (which also includes matters concerning patents
forinventionand cattle branding), and the National Land
Registry.
The
Public Goods and Chattels Registry is made up of the former Public Registry
of Ownership of Motor Vehicles, as well as those for General Pledges,
Maritime, and the Ministry of Public Works and Transportation's License
Plates Section.
The
Public Registry of Ownership of Motor Vehicles was moved to the National
Registry through Executive Decree N.º 14137-J,of November 18, 1982; and the current
Regulations for said Registry were authorized through Executive Decree N.º
16821-J, of December 26, 1985.
The
General Pledges Registry was created through Law Nº 5, of October 5, 1941, as
an office of the Treasury Secretariat, governed by the
Superintendent of Banks, and in 1948 it was made part of the Ministry of the
Interior. Its Regulations were promulgated through Executive Decree Nº 34 of
September 10, 1964.
The
National Ship Registry was created through the Organic Regulations of the
General Maritime Transportation Office, whose Art. 3, Clause q, assigns said
Office the responsibilities for:
Establishing
and keeping a record which shall be called the Costa Rican Maritime Registry,
which shall have two sections: the Administrative Maritime Registry and the
National Ship Registry.
This
Decree was complemented by another, No. 125568-T-S-H, of April 30, 1981,
"Regulations of the Costa Rican Maritime Registry", which defined
the scope of the two sections that make up that Registry.
The
National General Registry Office, through Circular Nº 3-93, implements
administrative reorganization and essential changes in functions carried out
by the Pledges Registry and the Motor Vehicle Registry officials. It says:
The
present circular is issued pursuant to Agreement Nº 2236, adopted in Regular
Meeting Nº 35-93 of September 6, 1993, based on Articles 2 and 6 of Law Nº
5695 of May 28, 1975, and its amendments, "Law for the Creation of the
National Registry",and is
binding for the Directors and all officials of the Pledges Registry and the
Motor Vehicles Registry, in accordance with which the aforementioned
registries are united as of Monday, September 20, 1993, and are temporarily
part of the General National Registry Office, for all administrative
purposes.
Decree
Nº 23178-J-MOPT of April 18, 1994 was issued as part of the establishment of
the Goods and Chattels Public Registry, whose Art. 1 provides:
The
National Ship Registry is moved to the National Registry's Goods and Chattels
Public Registry, which shall be in charge of registering all types of ships
and maritime vehicles, either larger or smaller than fifty tons (gross
weight).
The
Ministry of Public Works and Transportation's Department of License Plates is
integrated into the Goods and Chattels Public Registry through Decree Nº
21900-MOPT-J, of January 20, 1993, whose Art. 1 states:
The
Motor Vehicles Public Registry is in charge of drafting, creating and
assigning the numbers of license plates and delivering them, for motor
vehicles whose registration is authorized, except for the graphic design,
color, material and technical specifications of metal license plates which
will continue to be under the responsibility of the General Traffic
Engineering Office, pursuant to the "Traffic Administration Law", Law Nº 6324
of May 24, 1979.
Finally,
as part of the policy aimed at the administrative integration of offices
dealing with goods and chattels, the Department of Computerized
Certifications for motor vehicles (which had been a part of the Public
Registry), was made a part of the Public Registry of Motor Vehicle Ownership
(which is currently a part of the Goods and Chattels Registry), through
Official Letter from the Public Registry Office No. DRP-486-93, in September,
1993.
The
Aeronautical Registry, which was created through the General Civil Aviation
Law, Nº 762, of October 18, 1949, has yet to be integrated. Currently, the
Costa Rican Aeronautical Registry is regulated by the General Civil Aviation
Law, Nº 5150, of May 14, 1973, amended by Law Nº 5437, of December 17, 1973,
and Law Nº 6021, of December 15, 1976.