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The Directorate General for Legal Certainty and Public Faith examines whether a Land Registrar may refuse to register an adjudication decree on the grounds that the notification of the demand for payment was not personal. The issue concerns whether notification via Lexnet to the court representative (procurador) is sufficient to guarantee debtor protection against loss of ownership (Art. 686 LEC). The ruling addresses the limits of the registrar's function regarding extrinsic legality and the protection of fundamental rights.
This ruling clarifies the scope of the Land Registrar's duty to verify procedural requirements, specifically regarding the necessity of personal notification in foreclosure proceedings to protect debtors' rights.
The tax team reviews your specific situation.
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