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The Directorate General for Legal Certainty and Public Faith has upheld the suspension of the registration of a final judgment ordering the formalisation of a private contract for the sale of rights to use property under a timeshare regime (Facts I). The Land Registrar of Vielha issued a negative assessment of the application because the public deed of sale required to formalise the 1989 contract is missing (Facts II, Legal Grounds 1). The resolution is based on the Registrar's obligation to assess the legality of the extrinsic forms of documents (Art. 18 of the Mortgage Law).
For the interested party (Ms N. E. O.), the resolution means that the judgment cannot be registered in the Vielha Land Registry until the lack of the public deed of sale required to formalise the private contract is rectified (Facts II). The Registrar maintains their power of assessment regarding the validity of extrinsic forms and the consistency of the judicial mandate (Art. 18 of the Mortgage Law and Art. 100 of the Mortgage Regulations).
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