Overview of Law 13/2015 on the Reform of the Mortgage Law and the Real Estate Cadastre and its possible regulatory reflection

Abstract

The balance between legal criteria and the casuistry of reality determines the degree of inclusion and reflection of the content and procedures of the 2015 Mortage Law Reform in future mortgage regulations. This paper analyses the current panorama with some historical reference and the future possibilities of modification, considering the type of regulation and the history of the more than secular relationship between the two texts (legal and regulatory).

A prior commentary on the legal text is necessary in order to ascertain the level of implementation that the 2015 reform and its objectives have actually had in notarial and registry practice and the effectiveness of the intended dejudicialisation. The balance is completed by weighing up the successes and shortcomings of the reform and the coordination of the Land Registry and Cadastre with the physical and legal reality. In short, it will be necessary to combine technical possibility with legislative political opportunity.