DOBLE VENTA: LOS EFECTOS DE LA DEFINITIVA TOMA DE PARTIDO DEL TRIBUNAL SUPREMO.

Abstract

This paper looks at the contradictory case law concerning the double selling of immovable property. Legal doctrine on the subject would appear to have been clarified by the vitally significant Supreme Court rulings of 5 March and 7 September 2007. The paper looks at points including the conceptual delimitation between double selling and the selling of third-party property, its connection with the rule whereby validity in transactions requires written agreement and delivery, its incorporation in the registration system and a non domino dispositions under the rule of conclusive title. The paper also discusses the extent to which the Supreme Court jurisprudence set in the aforesaid rulings is being respected or ignored in later decisions.