LA INSCRIPCIÓN DE DOCUMENTOS NOTARIALES EXTRANJEROS EN EL REGISTRO DE LA PROPIEDAD: PERSPECTIVAS JURÍDICA Y POLÍTICA (A LA ESPERA DE UN PRONUNCIAMIENTO DEL TRIBUNAL SUPREMO Y DE UN INSTRUMENTO EUROPEO).

Abstract

We are at present waiting for Division One of the Supreme Court to settle the question of whether public deeds containing contracts concerning real estate located in Spain are eligible for registration when they have been made before a foreign notary. From the strictly legal standpoint, the arguments in favour of the property registry's accepting a foreign document of this description clearly outweigh the arguments against. We can make this assertion by putting the mortgage regulation into play with the rules of international private law. These rules in turn are strengthened by the rest of legislation and by the principles behind the European Union. This argument too must be taken into account when, as in this case, the notary and the parties to the contract are EU member citizens. For purposes of registration publicity and ownership conveyance, the Spanish system must be heeded. If all the necessary elements are attendant when registration is applied for, the deed may be registered. Along with the legal considerations, it would be wise to point out that there are interests of a different kind that will be affected by whatever solution is adopted. The article endeavours to reconcile the twofold perspective (the perspective of law and the perspective of legislative policy) that appears to be present not only in Spain today but also in the sphere of the European Union.