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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a sale containing a resolutory condition for non-payment. The ruling establishes that the resolutory condition is inherent to the contract rather than a separate accessory right; therefore, the notary's assessment of sufficiency must apply to the entirety of the contractual intent (Art. 1285 CC). It clarifies that registration does not transform the legal nature of a resolutory condition into a real right (Art. 1504 CC).
For individuals and companies engaging in sales with deferred payments via resolutory conditions, this ruling reinforces the unity of the legal transaction against registry classification. Notaries must perform a sufficiency assessment on the complete contractual block, preventing registrars from fragmenting the contract to challenge the validity of inherent guarantee clauses (Art. 1285 CC). This provides greater legal certainty regarding the registration of lex comisaria pacts.
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