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Registration may not be practiced by virtue of a foreign judgment or resolution that does not have force in Spain; if to have it requires “exequatur”, it must be previously obtained.

Canonical judgments or resolutions, to be registered, require that their execution, in terms of civil effects, has been decreed by the corresponding Judge or Court.

It is not necessary that it have direct force in Spain, except when public order prevents it.

1.ยบ Foreign judgments or resolutions that determine or complete the capacity for the recordable act.

2. The authorizations, approvals or verifications of foreign authority insofar as they imply forms or solemnities of the act in the country in which it is granted.

To practice registrations without a file by virtue of the foreign registration certification, it is required that it be regular and authentic, so that the entry that is certified, in terms of the facts attesting to, has guarantees similar to those required for the inscription by Spanish Law.

The data and circumstances that cannot be obtained from the certification or foreign party will be completed by legal means, because they do not contain them, because they do not deserve authenticity or because they offer, for any other reason, doubts about their reality.

The lack of registration in the foreign Registry does not prevent practicing it in Spanish by means of a sufficient title.

With the documents not drawn up in Spanish or written in old or little intelligible handwriting, a translation or sufficient copy made by the Judge, Notarlo or Consul that has legalized them will be accompanied; by the Language Interpretation Office or by any competent official.

For Latin, Spanish dialect or old or little intelligible letter, the translation or sufficient copy will be made by the head of the Corps of Archivists and Librarians or another competent official.

Authentic civil or ecclesiastical documents, issued in Spain, do not require legalization to take effect in the civil registries located in the country, but they do for consular ones.

Those issued in a foreign country, in the field or in the course of air or sea travel, always require it.

Although legalization is not mandatory, it can be required after examining the document; even if it is, it will not be required if the authenticity is confirmed to the person in charge, directly, or because it has reached him through official channels, or by sufficient diligence. No subsequent legalization will be required if the authenticity of the preceding one is established.

Notarial documents require legalization to be certified outside the College to which the Notary belongs.

The Person in Charge who reasonably doubts the authenticity of a legalized document, will carry out the appropriate checks, without delaying the period or time indicated for its action.

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