PRETENSIONES PROCESALES EJERCITABLES EN EL PROCESO JUDICIAL DE REVISIÓN DE LA CALIFICACIÓN REGISTRAL NEGATIVA O DE LA RESOLUCIÓN DE LA DIRECCIÓN GENERAL DE LOS REGISTROS Y DEL NOTARIADO.

Abstract

Suspension or refusal of registration is one possible outcome when a registrar, in the exercise of his or her duty, scrutinizes a submitted document for acceptable form. One possible reaction to the registrar's decision would be to file an administrative challenge and/or legal proceedings challenging the registrar's findings. A challenge of this sort may be mounted by filing an administrative appeal with the Directorate-General of Registries and Notarial Affairs. The DG's decision is subject to challenge in civil court or a claim filed directly in civil court. This paper looks at the object of challenging a registrar's refusal in court and challenging the DG's decision (if any) on the appeal. In other words, the subject is the different kinds of challenging action that can be brought in court. The following hypotheses cover the different points at which to start studying the purpose of judicial proceedings: 1) The purpose of proceedings directly challenging a registrar's refusal. 2) The purpose of proceedings challenging a decision by the DG dismissing an appeal against a registrar's refusal. 3) The purpose of proceedings challenging a decision by the DG upholding an appeal against a registrar's refusal. The paper also looks at the relationship and the boundaries between judicial proceedings to challenge a registrar's refusal and judicial proceedings concerning the validity or nullity of the act or title at issue.