1. On the basis of your national law, is it possible in your national system to register (notarial) deeds that were drawn up by a foreign notary? If possible, could you please provide a legal basis?
Notarial deeds that were drawn up by a foreign notary can be registered in Spanish Land Registries as long as they are legalised or authentified through the The Hague apostille and they comply with the content requirements for registration as settled by Spanish law. Article 4 Ley Hipotecaria. Article 36 Reglamento Hipotecario. Articles 8 to 12 Civil code. Sentence number 391/2006, November 22nd, of the Audiencia Provincial de Santa Cruz de Tenerife (Section 4), ratified by the Supreme Court, “Sala 1”, Sentence of June 19th 2012.
2. On the basis of your national law, is it possible to register (notarial) deeds that were drawn up in a foreign language? If possible, could you please provide a legal basis?
The matter of translation of documents that shall be registered is ruled in Spanish law by article 37 of “Reglamento Hipotecario”: the registrar may require the document to be translated if it is drawn up in a foreign language, but he can assume the responsability of not requiring it if he or she knows that foreign language. It will depend thus on the particular registrar that has to decide the registration.
3. On the basis of your national law, is it possible to register multilingual deeds? If possible, could you please provide a legal basis?
The same answer as in the precedent question may apply here. In addition, we should say the translation in these cases will not be required as long as International Treaties or European Union Laws do not require translation of particular multilingual deeds so as to produce their effects in Member States.
4. Which procedure do you follow if you receive a deed from a foreign party that does not fulfill your registration requirements? In particular, in which language does the land registrar communicate with the foreign party? In particular, if the foreign party neither speaks your mother tongue nor English, is the assistance of translators required?
When a document does not comply with registration requirements, the registrar will extend a “nota de calification” (which can be translated as examination writing conclusion,