The Supreme Court Cancels Certain Articles of Notarial Regulations

21 July 2008

On May 20 the contentious-administrative division of the Supreme Court abolished 23 articles, an additional provision and finial provision of the notarial Regulations, as they had been drafted by the reform which was carried out by Royal decree 45/2007 of January 19. The reason for the cancellation is that the reform in question should have been carried out by a Law and not by a Royal Decree.

The consequences in practice of the decision of the Supreme Court, according to the President of the General Council of Notaries, are that notaries will not be able to exercise control over the legality of documents that they are authorising given that they are not able to access the archive of Withdrawn powers from the General Council of Notaries to check whether a power has been revoked or not, not can they use instruments provided by notary regulations to collaborate with the justice administration regarding acts of notoriety and public auction, nor are they able to collaborate with the land registry to resolve tax-related doubts of the properties.

The government has stated that it will shortly instigate a legislative initiative with the aim of rendering operational the notarial controls that are now cancelled.

For further information, please contact César García de Quevedo: