Registrars
Introduction
The Body of Property, Commercial and Movable Property Registrars of Spain is a body of public officials "Public Official (Spain)") of the General Administration of the State of Spain.
Legal nature
Registrars are officials, dependent on the Ministry of Justice, who professionally and under their responsibility maintain the public registry of which they are holders.[3].
The Constitutional Court "Constitutional Tribunal (Spain)") by virtue of a ruling of May 11, 1989 stated that: "the Registrars are professionals performing public functions, who are part of the organizational and hierarchical system of the state public function, having the character of public officials and legal professionals, inextricably linked."
In this sense, the Supreme Court "Supreme Court (Spain)"), by ruling of October 24, 2000, has once again highlighted this double aspect, establishing that: "although the owner of the Registry does not absolutely identify with the quality of official, neither can his activity be classified as strictly private."
In short, it can be stated that the registry function involves a professional exercise of public functions under private law.[4].
They are currently in charge of keeping the following records:
Attributed functions
Among its multiple functions, the main one stands out as the ability to: "qualify under its responsibility the legality of documents of all kinds by virtue of which registration is requested as well as the validity of the dispositive acts contained in public deeds."
Qualification, as a legal function performed by the registrar, involves examining, among other aspects, the legality of the extrinsic form of the document; that is, if the document is in the appropriate form for registration. For example: the Commercial Registrar will deny the registration of a private company constitution document, since it must take the form of a public deed.
The qualifying function also extends to the control of the capacity and legitimacy of the person granting the document; That is, the person who signs the document is the person who has the legal capacity to sign. For example: the Commercial Registrar will deny the registration of a document signed by the administrator of a company whose position has expired.