NOTARY RECORDS
1. Legal and Notarial concept
- written Value - lying "before the notary
- one or more facts that presence and authorized as a depository of public faith,
- in substance - just perfect for acts not negotiable
- Item - legal facts are not acts or contracts
- or which do not have to provide consent
- slogan Act a fact-deed an act
Section 111. Inc. f) Check facts contrary to the law, giving authenticity to the documentation
That proves
Article 375 inc. b) Any other instrument authorizing clerks, under the conditions determined by the laws
2. Difference between Scripture and Minutes
Deeds :
- matrix document containing a legal act - is kept permanently in the Attorney-drafted protocol and authorized by the Notary- -purchases contracts, grants, wills,
- will of the parties, the substance of business - financial transactions - rating, legalization and legitimization
Act:
- protocol document-checking and fixing of facts, events, excluded materials - contain one or more legal business
- Purpose of act - not in an instrumental-not distinguish by the public confidence resulting from the intervention of the notary
- record under the name of a business can not hide.
- If there are statements in an act of will on the completion of a business, minutes although it is labeled, for purposes of background, and even registration and tax we face a document that is writing and no record "
3. Collection of validity and
value Collections :
subjective Recaudo :
- authorized by a notary in full exercise of their public role fedante and area of \u200b\u200bexpertise
Recaudo Objective :
- relates to the facts on which the clerk announced as completed by himself, or that have happened in his presence, events and facts relating to the agreements, actions, payments and awards
Formal Recaudo :
- strict compliance with all the precautions which the law establishes, as to the formalities and forms
validity and effectiveness Budget:
- validity as the present and future-effectiveness to be properly and legally implement its legal value that is not discussed further
4. Internal Structure of the Proceedings
- The record protocol is advisable to separate the praying of the diligence
- matter transfer Diligence notary was required to place
- diligence obligation requires previously identified
- The minutes no single act or
- The record is internal - if only collects the statements of the parties to the notarial seat - or when it leaves the seat outside attorney to comply with mandated care
- language is important and the use of tenses in the narrative film if a record of presence and verification and then drawn
- If steps are performed in different draw up minutes each, unless they are made one after the other.
- must be properly documented in the text escrituario the date and time to develop
- diligence could be fulfilled in the applicant company or not.
- The Clerk will evaluate the possibility to be accompanied by experts or by counsel for the applicant
5. Classification or Types of Records
5.1. Record-description:
- At the request of a person who relies - legitimately - the notary can witness and authenticate facts
- verify the delivery of documents, bills, money or other things and any requirement, and offers of payment- transcription or unequivocal identification of the submission, full description of the thing, the nature and characteristics of the effects, the terms of the request and, where applicable, the required reply
- should be capable of recording the statements and judgments issued by experts, professionals and other attendees, on the nature, characteristics, origin and consequences of the facts. Will be sufficient for such persons are identified by the display of documents issued by competent authority
5.3. Mailing Act
a) the requirement
b) receipt by the notorious letter or documents
c) The transcript of the letter or the list of documents
d) placing, in the envelope, the letter or documents to send
e) that the envelope closed is kept by the notary to conduct the procedure mandated
Practiced diligence, notary certifying his compliance
also be stated in the letter or document that reference the same is done with his speech
5.4. Deposit Act
- An exception to the proceedings in general because they do not limited to record a fact but to realize a legal transaction which is part
deposit, no deposit attorney. But by virtue of his office, he deserves the confidence that the person requesting the notary's impartiality and reserve, qualities of the role of attorney, the Clerk can not avoid that the applicant constitutes a voluntary deposit, regular or irregular on things, securities and other assets such as money, provided you have the ability to do
5.5. Records of notifications and summons
- purpose - to find legally to another of a particular fact or mandatory that you attend to meet some of her competence, or must refrain from action, on pain of bringing legal action for failing to comply with the requirements or not giving notice.
- la cesión de crédito debe ser notificada al deudor para que ésta se perfeccione y tenga efectos respectos a terceros (arts. 527 y 528 del C.C.)
- Report is to give notice of something to another or to another legally know a particular fact. The reporting attorney is always pre-judicial
5.6.
- The finding and fixing known facts may be effected laws allow it, with the scope and effect as they determine.
- The proceedings will be made subject to the following procedure:
Requesting a legitimate interest
- The record can not be required for the sole reason of obtaining a declaration of notoriety. Ask who should plead and prove legitimate interest.
Providing proof
The applicant must take responsibility for the consequences of this process at issue
5.6.1. Legal value of the minutes of notoriety
- The statement of recognition that would make the notary, is a trial evaluation of all evidence submitted, either by initiative of the applicant, or by direct action of the notary, once properly framed the purpose of requesting
- The assessment must have a logical sequence, where the tests are consistent with the claim that is based on them, as required consistency and fairness in judicial decisions
5.8. Act of protest
- is that which concerns the lack of reliable verification payment or acceptance of a bill of exchange, check, promissory note or any other security exchange, at maturity.
- The protest is required to initiate court action against the acceptor direct exchange or surety or endorser or other recourse against forced.
5.9. Probate Act
- Probate - the act of registering or incorporating a public or private document, a notarial protocol
- object - verbatim transcript of a document and its incorporation to the protocol material
can be:
- Required by Law and
- Requested by the person involved
398 CC states that the notarization of documents required by law only be made under court order. The notary must add the instrument to the Protocol, by an act which only contains the information necessary to identify, and provide testimony to interested parties so request.
When the logging of documents is required by law and court orders, documents protocol that amount to public documents, even when they are private.
24 of CC-legal acts take place abroad, on buildings located in the Republic, shall be valid as long as expressed in public documents duly authenticated and only take effect once the order has been notarized by a competent judge and registered at the Public Registry
Conventional mortgages incorporated abroad, on property located in the Republic, will be registered in the corresponding Public Registry, once the instruments are protocolized.
The probate of holographic will, and closed under the conditions that the Civil Code
Naturalization Certificates of Motor Vehicles. Transcribed the notarial certificate to the protocol as a document that proves ownership of the domain owner of a vehicle freshman. The contract by which the house or the individual importing the vehicle acquired abroad, is legitimated by the customs authority through the bill of sale for release and settlement of taxes. Therefore, it is no longer supporting document to the notary public suffice instrument issued by the administrative authority.
Certificate of Naturalization, being a public, must protocolized purposes of registration and incorporation into the National Registry of Motor Vehicles, Registry even though the law allows not only registering deeds, but also public documents, court decisions and authentic
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