Power of attorney authorized by foreign notaries and purchase of property located in Spain

Abstract

This study deals with some issues concerning the legal effects in Spain of a power of attorney granted specially when its is used to sell or acquire real estate located in Spain before a Spanish notary with the purpose of a subsequent registration in the Spanish Property Registry. Art. 10.1 of the Spanish civil code proves that Spanish Law applies to the extent that the foreign notary must have been acted as a Spanish notary would have been when a power of attorney is granted. The requirement of a public document does not derive from Art. 11.2 of the Spanish civil code neither from art. 10.11 of the Spanish civil code. Under Spanish Law, the power of attorney is not a legal act subject to solemn form. This work also highlights that the Spanish notaries must value the adequacy of the power of attorney with regard to the sale of real estate located in Spain.