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Erga omnes efficacy

What is erga omnes efficacy?

The Latin expression “efficiency erga omnes” which translates as “in front of everyone”, is used in the legal field to indicate the applicability of a rule, action or contract in relation to third parties.

That is to say, that what is established in a norm, an act or a contract affects and obliges all persons, without exception, regardless of whether or not they have participated in its elaboration or celebration. This is in contrast to “inter partes” actions and agreements, which affect only the people who participated in their creation.

For example, if two people sign a contract for the sale of a motorcycle, that contract is effective inter partes, that is, it only binds and obliges the contracting parties, but not other people who have not intervened in the contract. However, if this contract is registered in the Movable Property Registry, it becomes effective erga omnes, that is, it becomes opposable and enforceable against any person who intends to acquire the motorcycle or claim any right over it.

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