La modernización de los recursos contra las calificaciones de los regitradores de la propiedad, entre la tradición, la administrativización y la fragmentación.

Abstract

The paper identifies and analyzes the problems in the regime of the appeals against the evaluations made by the Property Registrars, problems which derive from the different tendencies that have converged in the matter throughout time. The research explains how the traditional regime was built form the Act of 1861, whose regulatory development consolidated a system of administrative appeals justified by the nature of voluntary jurisdiction of the Registrars’ evaluations, and the latter consensus arisen, after the Constitution of 1978, on the incoherencies of that traditional regime. Among the lines tending to solve the lack of guarantee of a complete judicial control over the Registrars’ evaluations, the paper presents the interesting jurisprudential and doctrinal debate concerning the competence of either the Civil or the Administrative jurisdiction, which shows a clear tendency towards the administrative view. In such context, the paper analyzes the complex modernization process that started in March 1998, which underwent, initially, the complete judicial repeal of the previous regulatory development and, subsequently, the establishment of the current regime by several Measures Acts, an inadequate way from the point of view of the legal certainty. Finally, the paper points out a parallel trend to the fragmentation of the system by two means: firstly, some statutory clauses that try to guarantee that appeals against the Registrars’ evaluations end in the territorial area of the Autonomous Communities with own civil law, and, secondly and more recently, the attempt to reinforce an exclusive and general autonomic competence in the matter which would break the unitary institution of the Property Register.