Qualified electronic signature and access of private documents to Real State Property, Commercial and Movable Property Registries

Abstract

In Spanish mortgage legislation, there are several articles that require certain private documents to come with the signature of the signer, authenticated by a notary public, for presentation and dispatch in the registry. Therefore, we analyze in this work the question of whether this requirement of notarial signature legitimacy should continue to be applied when an electronic document that has been signed with a qualified electronic signature certificate, in accordance with Regulation (EU) No. 910/2014 of the European Parliament and of the Council, of July 23, 2014, regarding electronic identification and trust services for electronic transactions in the internal market, is presented to the registry.