The geographical repercussions of the mortgage principles after Law 13/2015, of June 24 (VI): Principle’s consequence of the registration: the principle of geographical public registration faith

Authors

  • Pedro Fandos Pons

Keywords:

Principle of public registry faith, georeferencing, unassailability of georeferencing, article 34 of the Mortgage Law, precise description, consent of neighbours, registry qualification, presumption iures et de iures

Abstract

We started this series of articles about the reform of the Mortgage Law operated by Law 13/2015 about four years ago. We have tried, throughout them, to elaborate an evolutionary interpretation of it, based on the extension of its repercussion to all mortgage principles. Following the scheme outlined in the first of the articles, we culminate with the principles resulting from the legal-substantive value of registry publicity, derived from the substantivity of registry pronouncements. Among them, possibly the most important and far-reaching remains to be seen: the principle of public registration faith, possibly the most complicated of all of them, since there is no express legal pronouncement regarding its geographical repercussions. For this reason, we dedicate the last article of this series to investigate whether Law 13/2015 has introduced geographical repercussions regarding the principle of public registration faith. If we can speak of a geographical repercussion of the principle of registration public faith, what we will call graphic registration public faith.

 

Published

2022-12-31

Issue

Section

ESTUDIOS LEGISLATIVOS

How to Cite

The geographical repercussions of the mortgage principles after Law 13/2015, of June 24 (VI): Principle’s consequence of the registration: the principle of geographical public registration faith. (2022). Critical Review of Real Estate Law, 794, 3115 a 3163. https://rcdi.tirant.com/rcdi/article/view/586