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The Directorate General for Legal Certainty and Public Trust has upheld the rejection of a registry conciliation request based on Article 103 bis of the Mortgage Law. The dispute concerned the validity of a sale and the capacity of directors, matters which Article 3 of Organic Law 1/2025 excludes from the scope of registry conciliation as they do not constitute real estate, urban planning, or registrable fact disputes.
The path is blocked for individuals and lawyers seeking to use registry conciliation (Article 103 bis of the Mortgage Law) to resolve disputes regarding contract validity or the capacity of the parties. The ruling establishes that if a dispute requires addressing insolvency or capacity issues, it cannot be processed through this route, as these are excluded by Organic Law 1/2025 (Article 3).
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