Acquisition of property through judicial public auction: the moment of the transfer and a critical review of the question

Abstract

The purpose of the report is to determine the establishment of the moment as from which the property or right in rem is acquired in a judicial public auction. The case law situation will be analyzed critically in connection with an issue regarding which there are very differing views. For this purpose, the legal basis of the manner to acquire the property through private sale and purchase and through public auction will be examined and subsequently, a proposal will be made on the moment of the transfer that helps to provide legal certainty to the treatment of the problem.