Allegation and Proof of Foreign Law in Proceedings for Registration in the Commercial and Property Registers

Abstract

This study focuses on the application of foreign law in the procedure for registration in the Land Register, which can also be extended to the Commercial Register. In the area of the Land Register and the Commercial Register, the application of foreign law is required in relation to the recognition of the registry force of documents executed abroad, as well as those executed before a Spanish notary that affect international private situations. In order for these documents to constitute a title for registration, they are subject to a control of the law applied to the capacity to act, the form and the conditions of validity of the act. The DGRN and, subsequently, the DGSJyFP have developed a whole interpretation and construction of the principles and rules governing the allegation and proof of foreign law in these registration procedures, the analysis of which is the subject of this article.