EMBARGO DE INMUEBLES, TRANSMISIÓN DEL DOMINIO Y PUBLICIDAD REGISTRAL: SUPUESTOS Y CONSECUENCIAS.

Abstract

This paper attempts to organise, distinguish between and clarify the various situations that arise when a property is involved in a foreclosure procedure and the debtor disposes of the property to a third person, either before or after an injunction is obtained. A particular endeavour is made to determine, in each hypothesis, who is going to hold ownership of the real property at issue, what mechanisms that person has for obtaining protection of his right as an owner and how registry disclosure of the rights in conflict influences the issues. The registration of the injunction and/or transfer and the time of registration -if indeed the injunction/transfer is registered at all- are especially important in determining the legislation applicable in each hypothesis. The study is therefore conducted according to the chronological sequence of the relevant events or circumstances. The sequence of time has a significant effect on the operational effectiveness of the rule of conclusive title and specifically on the requirement of thirdparty good faith.