BOE-A-2026-2803 ·6 February 2026 ·Resolution Low impact
Corporate

Mercantile company: denial of court sentence registration revoked due to breach of priority principle

The Directorate General for Legal Certainty and Public Faith has revoked a registrar's negative decision regarding the refusal to register a declaratory judgment of ownership in favour of Gojesur, S.L. (art. 322 LH). Although the registrar argued a breach of the principle of successive chain of title due to a subsequent sale registration (art. 18 LH), the resolution determined that the principle of registration priority was violated (art. 17 LH). The company had made valid filings with the final judgment months before the third-party registration, granting it legal precedence.

In 2 key points

  1. Prevalence of the principle of registration priority (art. 17 LH) over titles of equal or earlier date that result in contradictions. (art. 17 LH)
  2. The appeal must be filed within one month following the notification of the registrar's decision (art. 326 LH). (art. 326 LH)

How it affects those involved

For the affected company, the resolution allows the registration of its judicially recognised ownership right, overcoming the barrier of successive chain of title alleged by the registrar (art. 17 LH). For the registry sector, the resolution reinforces that temporal priority in the Registry Journal prevails over subsequent registrations of transfer titles, even if the latter have already been registered (art. 17 LH).

Lifecycle

2026-02-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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