LUCES Y SOMBRAS DE LA FE PÚBLICA REGISTRAL EN EL DERECHO AUSTRIACO.

Abstract

On the heterogeneous landscape of European registration, the Austrian system, which Spanish doctrine almost completely overlooks, affords the opportunity for an interesting analysis of the most paradigmatic effect of Germanic models: registrar-attested document authenticity. Austria has a registry with an entry book and document-posting facilities, which coexists with residual registries where documents are merely posted without recognition of authenticity. Thus, registration entry, as opposed to mere posting, is configured as the key element of this particular effect. However, despite this clear definition of the concepts (thanks to which the justified cases of registrarattested document authenticity can be delimited), there are other, darker aspects related with this effect as well. The dual structure of the registry, which is made up of an entry book and a collection where all documents used as the basis for entry are posted, makes it difficult to map out the contours of registrarattested document authenticity. The entry book is indubitably covered by registrarattested document authenticity, but there is some debate about the extent to which registrar-attested document authenticity can pertain to the actual document upon which an entry has been based, which document, upon becoming part of the registry's contents, enjoys registry disclosure.