The entry of foreign public documents in the Real Estate Public Registry of Spain. Review of the Resolution of the DGRN of February 22nd, 2012, and of the Supreme Court’s ruling of June 19th, 2012 (regarding the resolution of September 14 th, 2016 and April 17 th, 2017)

Abstract

In the present work we harshly criticize an certain innovative doctrine, cheered on by some authors, incredibly accepted by the DGRN (Resolution of February 12th, 2012) and the Supreme Cout (Civil Chamber’s ruling of June the 19th, 2012). It is clearly considered unwise and very dangerous for the preventive legal certainty regarding the effects of a foreign document in the real estate ownership transfers due to be entered in the Spanish Real Estate Registry. However, after the important Resolution of September the 14th, 2016, it seems that the best doctrine on the subject has returned, requiring the orthodoxy and crystalline principle of the EQUIVALENCE OF FORMS, thus avoiding the irreversible derailment of the above mentioned legal certainty; BUT with the very important nuance or qualification that is done in de Resolution of April 17 th 2017, about notary’s judgment in the powers foreign.