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The Directorate General for Legal Certainty and Public Faith establishes that voluntary representation allows for the liquidation of the community property regime even if the distribution of assets and debts is not mathematically exact (Legal Grounds). The ruling determines that the power to 'waive balances' in a notarial power of attorney covers the distribution of assets based on the parties' autonomy of will, without requiring additional ratification from the principal.
For individuals acting through proxies, the validity of representation for carrying out community property liquidations is confirmed, ensuring that a lack of exact economic compensation between spouses is not grounds for registry refusal (Legal Grounds). This avoids the need for travel or personal ratification when the principal is outside Spain, provided the power of attorney contains sufficient faculties for transfer or liquidation (Facts I).
The tax team reviews your specific situation.
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