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The Directorate General for Legal Certainty and Public Faith has ruled that decrees issued by the Court Clerk (LAJ) constitute sufficient title for the registration of adjudications and the cancellation of charges in insolvency proceedings. The resolution overturns a registrar's refusal which had required a judicial order, clarifying that procedural regulations and the Mortgage Law recognise the validity of these decrees following the implementation of the new Judicial Office (legal grounds).
For financial institutions and creditors in insolvency proceedings, the validity of adjudication decrees is confirmed to expedite registration without the need for judicial orders (legal grounds). Land Registrars' power of assessment is limited, as they may not challenge the validity of these judicial documents regarding their substance or form (Art. 100 Mortgage Regulations).
The tax team reviews your specific situation.
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