LAS RESOLUCIONES DE LA DIRECCIÓN GENERAL Y EL DEBER DE OBEDIENCIA DE LOS REGISTRADORES.

Abstract

The binding force of the decisions of the Directorate-General of Registries and Notarial Affairs cannot, once the excusing circumstance of due obedience has disappeared, reach cases in which enforcement of or compliance with said decisions may force a registrar to incur criminal liability, in events where the judicial authorities might hold the registrar's cooperation to be necessary for the commission of a crime. This paper begins with this case, which is an exceptional one, and goes on to forge a more general approach, with the intention of discovering the keys for deciding when, under positive law, the binding force of the «decisions» of the aforesaid Directorate-General (an administrative body, after all) dissolves and to what extent the DG's «doctrine» may be recognised. Because a decision is one thing, and the doctrine underlying the decision, quite another. Lastly, this study concludes with an analysis of the admissibility (still pending judicial resolution) of the registration of a sale made by representatives whose powers have been revoked, when the deeds of revocation have been entered in the mercantile registry and published in the BORNE.