The evolution of interaction between unopposability and registral public faith in the spanish land property registral system

Abstract

The Mortgage Law of 1944-46 did not substitute traditio by registration. Nevertheless, it has reached a  de facto full registration. Therefore, conflicts of acquisitions usually are between buyers of registered owners. At this point it should understand that these conflicts are ruled by the 34 article of Mortgage Law inside by the 1473 article of Civil Code -also by articles 606 of the very Code and 32 of the Mortgage Law-. This interpretation had sense -despite the insertion of the registral public faith by the aforementioned Mortgage Law- when a large part of land property lived out of Land Registry, but not since reached a de facto full registration. In this scene, the transmission system of article 34 of Mortgage Law makes unnecessary the opposability in the similar way that happens in the German Law.