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The Directorate General for Legal Certainty and Public Faith establishes that a registrar cannot issue a negative qualification for a judicial mandate for a preventive annotation in preliminary proceedings based on their own judgment of proportionality (Facts VI). In this case, the suspension of an annotation on registered properties, intended to facilitate the exhibition of a document for a future exercise of the right of pre-emption, was revoked (Facts II). The registrar must limit themselves to verifying competence, congruence, and extrinsic formalities in accordance with Article 100 of the Mortgage Regulations (Facts VI).
For companies initiating preliminary proceedings to obtain documents (such as sale deeds), the effectiveness of preventive annotation precautionary measures is guaranteed, preventing registrars from blocking the public disclosure of the claim (Facts VI). For registrars, the ruling limits their ability to review the convenience of judicial measures, requiring them to adhere strictly to the formal requirements of Article 100 of the Mortgage Regulations (Facts VI).
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