Efectos de la oposición en los procedimientos notariales de jurisdicción voluntaria
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Universidad Complutense de Madrid
info
ISSN: 1132-0044
Year of publication: 2020
Issue: 111
Pages: 13-26
Type: Article
More publications in: Revista Jurídica del Notariado
Abstract
Whereas there is no doubt that the opposition in judicial proceedings of voluntary jurisdiction (non contentious jurisdiction) -except if there is a legal provision to the contrary- does not lead to the end of the procedure, without prejudice that in this case a contentious process may be initiated later with identical object, the Law keeps silent about what happens when an opposition is filed within the notarial proceedings. This issue is analysed in this paper, concluding that the same criterion must govern both procedures, so that the opposition formulated in notarial procedures should not prevent them from continuing until they are brought to completion.