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The Directorate General for Legal Certainty and Public Faith has analysed a registrar's refusal to register a judicial auction adjudication decree due to unpaid capital gains tax and a pending appeal regarding interest settlement. The appellant argues that the adjudication decree is a final title that completes the transfer of ownership, and that the registrar cannot review the merits of the judicial resolution or condition registration on ancillary economic incidents (Art. 18 LH and Art. 100 RH).
For companies acquiring assets in judicial auctions, such as Yummy Bites, SL, it is reaffirmed that the transfer of ownership is effective upon the final adjudication decree, regardless of appeals concerning interest or outstanding tax debts (Art. 19 bis LH). Registrars must limit themselves to verifying the formal consistency of the judicial mandate without assessing the application of the law by the judge or the Clerk of the Administration of Justice.
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