El derecho real de comiso y los problemas del «derecho nuevo» de Cataluñacomentario a la RDGRN de 29 de agosto de 2019

  1. Juan Antonio García García
Journal:
Revista Crítica de Derecho Inmobiliario

ISSN: 0210-0444

Year of publication: 2021

Year: 97

Issue: 785

Pages: 1455-1509

Type: Article

Export: RIS

Metrics

Índice Dialnet de Revistas

(Indicator corresponding to the last year available on this portal, year 2020)
  • Year 2020
  • Journal Impact: 0.189
  • Field: DERECHO Quartile: C2 Rank in field: 130/352
  • Field: DERECHO CIVIL Y MERCANTIL Quartile: C2 Rank in field: 15/54

CIRC

  • Social Sciences: B

Abstract

The RDGRN Resolution of 29 August 2019 established that the provisions of the Civil Code of Catalonia do not apply to a «condition subsequent» securing the deferred price in a sale-and-purchase agreement, despite the assets sold being located in Granollers. The DGRN declared its competence over the challenge to the Registrar’s refusal to record the right, and it ruled that, since the «condition subsequent» is not an in rem right, article 10.5 of the Civil Code applies. Therefore, so does Spanish common law, which the parties had chosen to govern the sale-and-purchase agreement. In this paper, I discuss the aforementioned DGRN Resolution, and I sustain that the so-called «condition subsequent» is actually an in rem right in re aliena, which is emphasized in the case at hand because of the agreements by the parties. This analysis shall lead us to a conclusion that is similar in its effects to that reached by the DGRN, but on completely different merits.