LAND REGISTRATION IN MOZAMBIQUE. 415 



the publicity of the transfer of immovables, ami divides the 

 ]>roperty code of the present time into three large groups — The 

 French Regime. The Property Book of the Ceniiaii Croup, und 

 the Australian system. 



Experts classify the Prussian laws of 1878, which organized 

 the system of transfer of property by means of the Property 

 Book, as the typical legislation of the (German Group, just as in 

 the case of the Australian Grouj). the " Real Property Act." better 

 known as the " Torrens' Act," and which is really an improve- 

 ment on the Property Book from which it originates, is considered 

 as the most advanced system of publicity and the one that l)est 

 ])erniits of the realization of credit and easv transfer of immov- 

 ables. 



The principles of the Prussian law relating to the absoltite 

 publicity of real rights by means of registration, to the physical 

 description of propertv by means of the Geometrical Survey, 

 and to the proof value of registers as a guarantee to those, enter- 

 ing into contracts in respect of land liy ])lacing their faith in 

 these registers, are analogous in their legal ])art to the Portuguese 

 law, which Mr. Besson, in his work on comparative legislation, 

 places in the German group, emphasising, however, the defects 

 on account of which our la\\s differ from the model Prussian 

 Property Book. 



These differences are due to the fact that Portuguese law 

 does not make it conipulsor_\- to register all transfers before 

 giving them validitx' inter partes, and principally in the identi- 

 fication of property not having for a basis the Geometric Survey ; 

 consequently no relation can exist between the Survey Depart- 

 ment and the registration at the Deeds Office which is fundament- 

 ally foreseen in the Prussian law of 1872, which provides for 

 all registrations of property to be communicated to the Survey 

 Dej)artment, and on the other hand that the latter should send 

 to the Gnindbuchriehter the documents relating to material alter- 

 ations respecting immovables in the circumscriptions. Thus the 

 Survey Department and the Public registration of property 

 mutually check and complete each other. 



It seems, therefore, that t4ie necessary legislative alterations 

 required to convert Portuguese law to the typical features of its 

 own group, would merely consist of the following organization 

 of Survey in its relation to the Deeds Office, and finallv in the 

 delivery of a title to the proprietor containing the proof of his 

 rights and the identification of the immovable. 



Such were the bases presented b\' the Survevor General's 

 Department and, after discussion and examination at the higher 

 stations. Geometric Survey and legal Registration were intro- 

 duced in our legislation by decree of the 9th July, 1909, which 

 was put into execution in the Province of Mozambique. 



As to compulsory registration, this had already been estab- 

 lished by law for the Portuguese oversea dominions. 



