INSCRIPCIÓN DE LOS BIENES DE DOMINIO PÚBLICO.

Abstract

The Mortgage Regulation of 1947 exempted property in the public domain from registration. The recent Public Administration Patrimony Law, which calls for the registration of such property without any distinctions whatsoever, has a heavy impact on this scene. Mortgage and administrative doctrine has already raised the question of the difficulties that would be entailed in the registration of inalienable property in the public domain, due to the tension between that kind of property ownership and the principle of conclusive title. The article draws a comparison between the different mortgage principles and property in the public domain. Most especially, the tension is extremely serious in the case of the basic principle of conclusive title, inasmuch as property in the public domain is adorned with the note of inalienability, which furthermore is backed up by the Spanish Constitution itself. The Patrimony Law has therefore created a serious problem.