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BOE-A-2026-14850 ·8 July 2026 ·Resolution Low impact
Tax

Directorate General for Legal Certainty and Public Faith rules on the validity of representation for persons under support measures

The resolution examines an appeal against a negative assessment by a Land Registrar in Bilbao, who suspended the registration of a sale and purchase agreement. The core conflict concerns the requirement to prove, via a Civil Registry certificate, the registration of the judicial ruling that replaces incapacity with support measures (Art. II). Additionally, the lack of specification regarding the matrimonial property regime of the parties involved in the deed is debated (Art. IV.1).

In 2 key points

  1. Obligation to provide a Civil Registry certificate proving the registration of the judicial ruling regarding support measures (art. II)
  2. Necessity to precisely determine the matrimonial property regime (statutory or conventional) of the parties involved (art. IV.1)

How it affects those involved

For private individuals involved in property transactions, the ruling emphasises the obligation to provide updated registry documentation (Civil Registry certificate) when changes occur in a party's legal capacity (Art. II). For professionals (notaries and registrars), the case reinforces the requirement to verify the registration of support measures and the precision of the matrimonial property regime to prevent suspensions of land registry entries (Art. II and IV).

Lifecycle

2026-07-08PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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