DOS CUESTIONES SOBRE LA ANOTACIÓN PREVENTIVA DE EMBARGO: SU NATURALEZA DECLARATIVA Y SU RELACIÓN CON EL PRINCIPIO DE PRIORIDAD REGISTRAL.

Abstract

This paper endeavours to analyze two issues concerning caveats of attachment. The first issue is whether a caveat of that type is constitutive, such that the attachment in question comes into existence only upon caveatting (a thesis that is thoroughly put to rest by Supreme Court case law), or whether, on the contrary, the caveat is declaratory in nature, merely making the al- ready-established attachment public and enforceable vis-à-vis third parties. The second issue is to determine the actual efficacy of caveats with respect to attachments. For that, a review is made of the different events in which the rule of registration priority may be set into operation in connection with a caveat of attachment: the general rule contained in the Mortgage Act and the Civil Code, and the more exceptional situations where the rule of priority has got to be applied and specified.