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, 2 of the Horizontal Property Law.
Execution: entries that must subsist.- If ordered, in a foreclosure, the cancellation of the registrations and annotations subsequent to the issuance of the cargo certification, it should not be included among said entries, even after the date of the certification, a annotation of the demand for nullity and cancellation of the foreclosed mortgage, since the execution must result in the resolution and cancellation of all registrations and annotations that reflect device acts of the registry owner subsequent to the constitution of the mortgage, whether before or after the note of issuance of the certification of charges, but the award itself cannot have more force than that which originally corresponded to the mortgage right itself, so that if the constitution of such right was null, the alienation caused by it will also be null , and if what proceeds is the termination of the mortgage, the third party that acquires after the termination cause is established in the Registry will suffer the consequences of the termination. The Directorate ends by saying that this doctrine is the one that corresponds to the legislation in force at the time of the qualification -December 28, 1998-, but that for cases that arise after the entry into force of the current Prosecution Law Civil, article 569 must be taken into account.
Execution: entries that must subsist.- The problem raised in this appeal is whether for the cancellation of charges subsequent to the one that was the subject of execution requires the consent of their owners, taking into account that the sale of the asset was carried out by adjudication direct from the same to the person designated by the debtor and for the amount that the debtor and the plaintiff had previously agreed upon, under article 640 of the Civil Procedure Law. And the answer must be affirmative, according to the General Directorate, because the evident interest of the holders of subsequent charges in the realization of the asset to be executed and, especially, in obtaining the best price at auction, given the condition of the remainder that results after paying the actor, to the satisfaction of his rights, determines the necessary conformity of the same to the agreements that allow dispensing with the public auction as an objective mode of forced realization of the goods (article 640-3, second paragraph, of the Civil Procedure Law), and, consequently, the omission of said conformity will prevent the cancellation of the registry entries of their respective rights as long as there is no conformity or the corresponding judicial resolution relapsed in a declaratory lawsuit filed against them.