THE PROBLEM OF DOUBLE CALL QUALIFICATION" REGISTRY. NOT TWO EXISTS RATINGS OVERLAP

Abstract

Th e study of the registrar’s statement of dual validity is not a precise proposal. After a clarifi cation of terms and a legal technical reference, we analyse the registrar’s statement of validity and it’s functions. These are: the checking of the registrible title-deed so as to be able to decide if it’s registration is appropriate and the selection of the contents that need to be recorded in the registration entry. Th ere follows a review of the French, German and Dutch systems, before briefl y presenting Spanish law. Subjects susceptible to validation are examined, while specifying that validation concerned with extrinsic forms and that concerned with checking the legal capacity of the executor are both confined to ensuring that the text of the deed accounts for, as it should do, the observance of the solicitor’s obligations, as also happens with regard representation. Checking the legality of the ruling is the most important issue. Here, the discernment of legality by the Notary and the validation by the registrar should be dealt with separately, as they are distinct issues. Finally we conclude that we are not dealing with a duplicate function but rather with two concurrent functions at the service of judicial security.