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

Development summary

The article states that a power of attorney executed abroad and used for the sale or acquisition of immovable property in Spain must be granted before a foreign notary carrying out functions similar to those of a Spanish notary. It discusses Spanish Civil Code article 10.1 as the relevant provision, argues that articles 10.11 and 11.2 do not govern the issue, and explains that the Spanish notary’s assessment of the power’s sufficiency necessarily includes a judgement of functional equivalence.