The technique is to find a modus operandi for the desired result (Carmelo Augusto Castiglioni, Fabrizio Augusto Castiglioni. Introduction to Law).
The application of the law was given through two pathways that converge together: knowledge and technology to solve problems peacefully coercively coexistence.
technique legal and law enforcement tool includes operational guidelines, which cover all the procedures, rules, theories, as a modus operandi to the right as an institution that meets their basic functions.
technique court in the case to resolve the conflicting case, the maximum expression of the obligation to resolve the case, occurs with a verdict called Final Judgement.
The exercise technique called operations arises from the legal relationship established between the notary and the giving of legal act passed and at his record, is a location of intellectual work, governed by art. JOC 111 . (Adriana Abella. Notarial Law. Law Documentary. Liability Attorney)
sections of Scripture
Importantly the deed has distinct parts, which are important respect.
expressed in some quarters of subjects, making all sorts of events, and in other sections, does the same for the Clerk, under the banner of notarial records.
Although the authors point to several formulas, based on the background is the same.
important thing is not to mix the manifestations of the parties records the sayings and deeds, for the purpose of achieving greater clear exposition in the scriptural text .
Basic scheme of writing, with its component parts:
A) Heading . letterhead Also called (stamped on top of writing)
The purpose of the document, the names of the parties, the number of writing up in that order, the letterhead legend.
plexus in our legal system, There is no obligation, is optional
B) Place and date .
- Place
The deeds should be permitted within the territorial jurisdiction of the notary (place).
The appropriation of the place has importance not only for fixing the territorial or geographical demarcation of Ontario, but also determines the applicable law (determination of of age in case of conflict) .
The site is protected by the cloak of public trust, which fall on helping to fix them permanently.
Good practice attorney in accordance with the law, indicates that it should be noted accurately town or place, and the provision of address, but not transcribed in the body of writing, are stamped on sheets of notarial protocol, the notary seal and the MSDS Attorney. Acting Attorney.
Our legislation reflects the civil law tradition, showing respect for the validity of public instruments required Civil Code in the art. 376 inc. b) extending within the territorial jurisdiction assigned to the exercise of their functions, Failure to comply with formalities. Nullity of Deeds. Art. JOC 137 provides: writings are void that had no designation time and place in which they were made.
Civil Code. Section 396. Without prejudice on the invalidity of public instruments, deeds are void if it shall fail in any of the following requirements: The date and place in which they were granted;
- Fecha
Recorriendo un poco la historia, Armella, señalando a Neri Argentino, recuerda que Justiniano en una de sus obras había indicado que era obligatorio anteponer el nombre del Emperador antes de los documentos, al tiempo de escribir con letras latinas la fecha en la cual se confeccionaba.
Asimismo, en the Middle Ages, date stood at the beginning and end of the notarial deed, and this was preceded by the sign of the Christians.
The Constitution of Maximilian (year 1512) ordered that the documents began Write the name of God, the Prince, and time and place .
also noted that in Spain, were collected in similar arrangements be tried and Real, in the games and the newest collection, which also added the requirement of hours clothing.
We are witnessing the chronological order, based on the time they are made and the dates the writings in it are recorded.
Orelle maintains that in scripture, noting the date indicated days , month and year .
Art. 394 inc b Civil Code . The deed must state: date that sign, can be on a holiday; (on Sundays or religious holidays).
is invalid because it omitted altogether.
incomplete Date : It would be the lack of year. In this case is likely to be determined by the antecedent and consequent writing, being saved the defect.
wrong Date : that is marked as signed on May 8, 2002, when in fact all the protocol says 2004. In this case we would be in case of an error.
C) Escribano
Here simply place the formula before me Authorizing Clerk or Clerk before me, or indicate the name and surname of the Notary and Notary Public, or Titular ascriptive registry.
can list all data or just put the formula.
This alternative is allowed, since all their data will be printed in the agrees in Notarial MSDS. Acting Attorney .
D) APPEARANCE
The appearance is that moment when presence is related to the registry clerk and collectively for all subjects or interested parties in writing.
constitutes one of the pivot of notaries and reaffirmed the principle of immediacy.
The appearance is the physical and material and involves immediacy and simultaneity between the parties and the Clerk.
This specific location is convenient to name all the individuals instrumental (although some scriptural formulas indicate, for example, asintiente place the spouse at the end of writing)
must include the appearance of all parts of the act, properly individualized, attesting to knowledge of giving (Graciela María Tolosa. Notarial Law Treaty)
That data should show forth, are regulated in the CC and COJ
Faith of knowledge is a judgmental, that the Clerk has the legal obligation to perform, appearing on all the deeds. It must be the result of careful analysis, carried out with prudence. (One of the four cardinal virtues, which is to discern good from evil, that can follow or run away from him)
The Foundation of faith of knowledge, is closely linked with the replacement of individuals.
Civil Code. Section 396. Without prejudice on the invalidity of public instruments, deeds are void if it shall fail in any of the following requirements: b ) the names of the parties, the representatives in their case, and witnesses of knowledge in case they are required; d) the attestation of the notary to meet with the parties, or failing that, the record that this justified their identity in the manner prescribed.
E) INTERVENTION
The Clerk should establish the character parties involved and of the documentary record.
The deponents can work by himself or by others (representation)
If they act for himself, is said to have done in the name or character own, if they are for others, whether individuals or legal entities, say they are acting.
should see the original instrument, the representation relied upon and add to the protocol.
F) REPRESENTATIONS OF THE PARTIES
This section includes statements of the parties.
are divided into exposure and provision. Others simply refer to any in the first.
- Exhibition :
consists of the expression parties h accentuated in writing about the legal business they are doing.
Example: Mr., free, knowingly and willingly sold and transferred for of two lots of property, individual as District Plot N º.
All writing should be clear reading, but especially in this section or part. Is suggested to avoid ambiguities in terminology, concepts and formulas empty too long, vacuous or complicated.
operations is related to the exercise of interpretation, legalization and legitimation by the Clerk.
Interpretation. The intellectual act of interpretation, comprising at Rogatien immediately to the parties, reception of his will, advice and the final interpretation of the legal meaning of that will.
The notary notes the will of the parties, and interpreters have to explain the legal consequences of acts they want to do, and advising them to suit the business and will to legal forms that are more suited to their interests.
All stages of the interpretation and advice of the clerk tend to achieve legal certainty primary purpose of the notarial function, and reason d'etre of their existence.
Legalization
In this operation the notary fits the will of the parties within the law in order to comply with all its effects. Is the bond act to perform to the standard that is applicable.
Legalization is the stage in which the lawyer seeks to adapt the business or legal act that governs the right to ensure the validity of the whole and each of the parties.
The notary legalizes materially adapting the will of the rogantes and standard, and formally selecting the document and giving it legally.
Legitimation
In this operation, the notary as a jurist. Ensures that its actions not only according to law, but that the act to make it effective and valid according to the intention of the parties. Involves the connection between the act with the legal status that is based.
- transmission or transfer
It marks one of the consideration made by the parties . May transfer rights, actions, and obligations.
After saying sell the house .. The seller and his wife give up the rights of possession and control they exercised over the property sold and transferred to the purchaser.
`It must be perfectly clear what is transferred.
matter that the act is onerous or gratuitous.
- price or amount
constitutes the consideration for the other hand, merit transfer completed.
is important not to confuse it with the object.
The price is a key point in writing financial content, or what constitutes a legal business for consideration.
We found absent in a script that describes a legal act gratuitously, such as for example, the donation pure, simple and free of charge.
Civil Code. Section 396. Without prejudice on public void instruments, deeds are void if it shall fail in any of the following requirements : witnessed the delivery of supplies which, according to script, is already done on the spot.
- Other manifestations or stipulations
are manifestations of the parties and as such should seek the Clerk, noting the same.
Clerk Recall that the Registry should have dived the true will of the parties, beyond what is literally expressed and then have adapted what they have demonstrations, legal, and legalizing calling.
Includes additional statements or provisions business.
For example resignation selling phone line installed in the property transferred.
G) ATTORNEY ATEST
These records are expressed by the Clerk of Register, and tasks performed by him, or made by the parties and disclosed by the registry clerk.
They are added to the protocol by the Clerk of Register, through its inclusion in the text of the deed.
- Original title and registration
The registry clerk at the time of authorizing the writing, is required to keep an eye on title history, in original, ie first copy first witness or duly registered in DGRP If applicable, you should see the second or subsequent copy.
And not only must keep an eye on this title history, but that it must be duly registered.
In case of cancellation of interests in land, not required to have before it the title history of transfer of ownership, but if the writing evidencing the creation of real right. Example: cancellation of mortgage on property . In this case the clerk is required to view the articles of association duly registered mortgage DGRP
- registration certificates
The Notary has the obligation to documentary reflection , had requested and added the domain certificates and inhibition in scripts that create, modify, transfer interests in land.
The omission of registration certificates by the registration clerk, may cause civil liability or disciplinary , or both, as appropriate.
- administrative Certificates
are also mandatory for Records Clerks.
H) GRANT
This last phase includes the assumption specific paternity by negotiable subjects, the legal act implemented through signature.
can be transmitted in writing to the formula: and sign the grant and . In granting the parties are under the document.
Civil Code. Section 396. Without prejudice on the invalidity of public instruments, deeds are void if it shall fail in any of the following requirements: g) the signatures and the parties in the prescribed form, indicating the impairment in the case of signature to pray;
I) AUTHORIZATION
The last stage is the signing by the Clerk Registration.
This climax is called authorization.
signing the scribe, writing takes its total and full value, and closed document the operation of the authorization.
Civil Code. Section 396. Without prejudice on the invalidity of public instruments, deeds were void if it shall fail in any of the following requirements: h) be signed by the Clerk.
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