The effects of preventive demand annotation. Attempt to explain article 198 Reglamento Hipotecario in the light of the jurisprudence and doctrine of the DGRN / DGSJyF`P

Derechos reales

Abstract

The purpose of the preventive demand annotation is to show in traffic that a situation abstractly registrable in the register is the subject of litigation, and therefore cannot be the subject of current registration. This presupposes an interim situation, the effects of which on traffic must be analysed with care, both in relation to dispositive acts subsequent to the entry and in relation to those prior to the entry but which only access the Register after the entry. The article 198 RH is responsible for regulating the fate of the entries made after the annotation for the case in which the annotated claim is finally upheld, making distinctions that raise interpretative problems, and that can only be well understood by resorting to the discipline of contractual rescission of the Civil Code. The aim of this paper is to explain the cancelatory consequences of post-entry entries when the annotated claim is estimated, from the discipline of contractual rescission, a discipline that must be the interpretative basis of article 198 RH.