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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to record the presentation of a notarial act. The registrar denied the entry, claiming the act lacked real relevance to trigger a registry operation, pursuant to Article 420 of the Mortgage Regulations. The appellant argued that this violated the principle of priority and failed to protect their right of possession against potential transfers to third parties.
For individuals (tenants), the ruling examines the possibility of using notarial acts to secure registry priority against third parties, although a registrar may refuse the entry if they deem the document incapable of generating a change or encumbrance in the registry. For real estate professionals, it highlights the importance of a document's real relevance for it to be admitted into the Registry's Daily Log.
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