REGISTRATION OF FINAL JUDICIAL DECISIONS VIS-À-VIS HOLDERS OF REGISTERED TITLE NOT SUMMONSED TO THE PROCEEDINGS AND THE POSITION OF THE DIRECTORATE-GENERAL AND THE SUPREME COURT.

Abstract

Registration doctrine dictates that, when a final judicial decision is given concerning a property, the addition of a caveat to the property's record in the property registration system provides sufficient binding notice for third parties who from the start. The Supreme Court has spoken to the contrary. Its ruling of 16 April 2013 states that verification of compliance with the right to be heard is the task of the courts, so it would fall to the courts to decide, case by case, what knowledge third parties may have of the existence of the court proceedings in which the decision was given that caused for the new registration entry to be made.