ABSTRACT
The conventional position under Spanish law is that where goods have been the object of a real or symbolic delivery property will pass. Even so, a retention of title clause incorporated into the sales contract can qualify the agreement. Further, by virtue of the Law 5011965, Sale of Goods by Instalments the retention of title clause can be registered at the Special Registry and this was ruled by the Ministerial Order, 15 May 1982 to be effective against third parties so long as the clause is embodied in a written contract in accordance with Articles 1227 and 1228 of the Civil Code. The nature of a retention of title clause is that the seller maintains the ownership in the goods until full payment of the price and such a clause has been upheld by the Supreme Court in numerous decisions 11 th July 1983, 19th May 1989, 23 rd April 1990, 23 rd October 1991, 10th May 1990, 17th June 1992. In so doing the Supreme Court is reflecting the contractual liberty principle which is reflected in Article 1255 of the Civil Code.
