Legal tip 513. Court decission: Foreign Notaries´ in Spain to have same effects as Spanish?
Thursday, April 28, 2011 @ 11:57 AM
According to a very recent Court decission of the Alicante Appeal Court: purchases of Real Estate made through public deeds granted by Notaries of other countries of the European Union are registrable in the Spanish Land Registry. A Spanish notary is not necessary for validation of the deed.
This is the content of a Court decision by the Alicante appeal Court dated the 2nd of March 2011. There is another identical Court decision by the Santa Cruz de Tenerife Appeal Court which is one under the Supreme Court final opinion.
In June 2006, the European Union reported Spain of breaching provision 49 of the UE Treaty due to the obstacles made to foreign deeds. These days, most Land Registrars are admitting foreign deeds without any problem in Spain.
The Alicante Court decision establishes that the document that has been sent to the Registry by the German Notary with the corresponding Apostille is a public deed in all its effects, including the possibility of Access to the Land Registry according to provisions 2 and 4 of the Mortgage Act. This access to Land Registry in Spain gives these transactions fullest legal safety and "erga omnes" effects ( before thrid parties).
The Alicante Magistrate makes a special reminder on the sentence about contracts requisites and legal forms being regulated not just by the country where they are granted but also by the personal Law of the signatories
Times are changing!
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Benalauría, Ronda, Spain by Roberto Pecino at Flickr.com