CUESTIONES CONTROVERTIDAS SOBRE EL ART. 206 LH

Abstract

This paper looks at the possibility of performing the first registration of immovable property belonging to the Catholic Church on the basis of administrative certification, a possibility stated in article 206 of the Spanish Mortgage Act. The requirements that must be met in such a procedure and the object and subject of first registration in that procedure are examined. Next, arguments are given for and against the unconstitutionality of the process, which has been debated by doctrine and case law. The paper concludes with a statement on the validity of article 206 and the possibility of performing first registration of Catholic Church property today by this privileged procedure.