REGISTRABILITY OF PUBLIC DOCUMENTS EXECUTED ABROAD IN ACQUISITION OF PROPERTY OWNERSHIP (COMMENTARY ON THE RULING OF 19 JUNE 2012 OF THE CIVIL DIVISION OF THE SUPREME COURT).

Authors

  • IRIARTE ÁNGEL, JOSÉ LUIS - CASADO ABARQUERO, MARTA

Keywords:

FOREIGN NOTARY DEED, REAL STATE IN SPAIN, EXTRATERRITORIAL EFFECTS OF FOREIGN PUBLIC DOCUMENTS

Abstract

After a long judicial pilgrimage, the Supreme Court has ruled in favor of the access to the Spanish Property Registry of a sale of an immovable placed in Spain, concluded between a seller and a buyer, both German citizens non-resident in Spain, before a German notary. Thus, the Supreme Court declares the ability of a foreign public document to produce some extraterritorial effects by itself. Namely, the Supreme Court has recognized effects enough as translative title of ownership, registrable in the Spanish Property Registry. Although it suffers from some inaccuracies which will be analyzed in this study, the openness of this resolution should be highly appreciated.

Published

2014-01-01

Issue

Section

STUDIES

How to Cite

REGISTRABILITY OF PUBLIC DOCUMENTS EXECUTED ABROAD IN ACQUISITION OF PROPERTY OWNERSHIP (COMMENTARY ON THE RULING OF 19 JUNE 2012 OF THE CIVIL DIVISION OF THE SUPREME COURT). (2014). Critical Review of Real Estate Law, 741, 177 a 194. https://rcdi.tirant.com/rcdi/article/view/1720