Notary dictionary

The marriage settlement they can be done before the marriage but in this case there is one year of time to celebrate the marriage. If this period is exceeded, they will lose their validity. It should be remembered that the matrimonial property regime (of joint property or separation of assets) depends on the autonomous community in which you live.

The notary is subject to a special duty of collaboration with the Public Administration and the Judiciary, in addition to being subject to the obligations that are incumbent upon him as a Notary authority figure. 

It is a remedy for the rectification of the error, omission caused or defect of form, which avoids the granting of defective deeds.   The rectification case can be presented after the signature and authorization of the parties, since if the error occurs prior to these facts in the draft instrument, it would be a mere rectification.  The authorizing notary himself, his substitute or successor in the Notary's Office, will have active legitimacy to request the correction of the flawed instrument. The party that originated or suffered the defect, omission or error will also have legitimacy. 

Within the notarial district are the notarial zones, which are the set of immediate municipal terms that make up the District, and which are assigned by act of authority, for the exclusive performance of the Notary or Notaries.  The denomination of the district in zones,  the request of the District Notaries is required, issuance of an opinion  of the interested notaries, favorable agreement of the Board of Directors of the Notarial Association, and the tacit or express approval of the DGRN.  

Only the private document will have public value when: 

1. Has been judicially recognized, therefore excluding that the notary recognizes  may be made by each  private document as public document. 
2. The private document will be granted the rank of public in the context of understanding that it refers to the probative value and the executive of the deed, but the substantive or civil effects that the public document guarantees will not be released. 
3. The private document does not accredit the proof of the date or the content or main object  of the contract between the parties, which in the case of a party denying the content and harming him, will have to be accredited by other means of proof. 

For the crime of criminal misrepresentation of the public instrument to occur, a series of requirements must be met: 

1. 1. In fact: alteration of the truth in a notorious way of the public instrument, provided that the falsified can pass as true. 
   2. In form: The alteration of the content is carried out by a form assessed in article 308 of the Penal Code, which includes ideological falsehood and material falsehood. 
   3. Subjective: The public official must act with fraud and wanting to cause harm by abusing his position or office. 
   4. Objective: It is a transcendent action. The act or omission of a criminal activity shall be a crime, even without causing harm to the third party, since, as the Supreme Court indicates, the act or omission itself, already "consists of a serious breach of the public interest and of the security and protection guarantees that the services  and official acts offer citizens in their relationship life". 

Colloquially, notaries are called notaries. Also in Latin America, notaries public, which is one of the old names by which notaries were known in Spain.

If the Notary who gives evidence of knowledge of any of the grantors, is misled due to their malicious behavior, he will not incur criminal responsibility by not having acted with fraud, although he will be liable for damages caused to third parties. .

In the event that the grantor is a foreign person who do not know the official language, the law contemplates the use of the following procedures: 

1. Traducción verbal of the content by the Notary, stating the fact of translation. 
2. Traducción writing in the same document or public instrument, resulting in a bilingual text (writing the text in a double column, one for each language). 
3. Assistance may be required from an official interpreter, responsible for making the appropriate translations. 

Cases of regional dialects: In the event that the grantor wishes the language of the public document in a language or dialect other than Spanish, only the second option in the previous section will be possible, provided that the following requirements are met:

• • • • • • • • • The instrument is granted in the territory in which the language or dialect required by the grantor is spoken. 
                • That all or some of the grantors are natives of said territory. 
                • That the bilingual written translation is requested by one of the grantors. 
                • That the Notary public clearly understands the language or dialect in question. 

As provided by the Law: “the notary must ensure the strictest veracity of said indices, as well as for his correspondence with the authorized and intervened public documents, and will be responsible for any discrepancy that exists between them and these, as well as the breach of your referral deadlines.

The Law of the notary is the regulator of the obligations and duties of the notary. This defines the characterizing notes of the notaries, their powers, the requirements to obtain and exercise public faith, the protocol, and the copies thereof that constitute a public instrument, the regulation of ownership and custody of the protocols and inspection of the Notaries, and the rights and awards of notaries, among others.  Faced with the previous regime, the law has established the following bases: 

1. Appointment of notaries exclusively by the Public Power. 
2. Entry into the Notary Public exclusively by opposition.
3. Exclusive territorial jurisdiction.
4. Attribution of the extrajudicial public Faith exclusively to the Notary Public.
5. Compulsory association of Notaries. 

The causes that constitute radical nullity are: 

1. 1. The omission of the name and surname of the Notary Public or of the grantors. 
   2. The total omission of the date, the lack of which does not allow the date to be ascertained in any other way. 
   3. The incompetence or insanity of the Notary Public or the omission by him of his sign, signature and signature. 
   4. The lack of proof of knowledge (the Notarial Regulation allows to correct this defect if the public instrument has been practiced inter alive). 
   5. The lack or inappropriateness of the witnesses. 
   6. Lack of signatures of witnesses and parties. 
   7. The use of a language other than Spanish. 
   8. The lack of reading of the instrument. 

Source: Notarial Law Studies Editorial Montecorvo SA

The party is the personal element that forms and acts in the legal business that contains the public instrument.  The appearing party refers to the formal part of the law, being the one who promotes the Notarial action. Both concepts may coincide in the legal act or they may not. The person of legal age, with the necessary capacity to carry out a legal business, will appear before a Notary to initiate the Notarial procedure. "While the husband or father who assists his spouse will be appearing  or emancipated child, in the business held by them, or the legal or voluntary representative, are appearing without being parties”*. *Source:  Notarial Law Studies Editorial Montecorvo SA

The registry is made up of a series of property registries distributed throughout Spain. Each registry covers a specific geographic area and is responsible for maintaining up-to-date and accurate information on properties located in its area. The land registry contains detailed information on each property, including details of the property, its location, size, physical characteristics, rights and charges on the property, and details of the current owner. The registry also includes information about any mortgages or finance charges that may affect the property. In Spain, property registration is essential when buying or selling real estate. Before buying a property, it is important to check if it is registered and if the seller has the legal capacity to sell it. In this way, any legal problems or property claims in the future can be avoided.

The notarial regulation informs of a series of areas and functions that the notary is in, being the following: 

1. Setting the scope of the notarial function.
2. Express attribution to the Notary of the character of professional legal technician of law. 
3. Detailed and systematic regulation of the public instrument. 
4. Introduction of the minutes to collect the performance of the Notary in the sphere of the facts. 
5. Regulation of the acts of notoriety. 

La Phase It includes the intervention of the wills to the Notary, which express his legal purposes, wishes and advice, and the period in which the Notary writes Public Deed, in accordance with the instructions of the interested parties and the legal provisions.  El second term, the definitive one, includes the reading of the public document to the parties, the manifestation of their conformity, the subscription and the authorization. 

As legal professionals, their main duty is to inform the parties who claim their services, and advise the most suitable legal route to achieve the lawful purposes set out by the parties. As a public office he holds, the Notary attests to the authenticity of the facts that he sees, hears and perceives, acting as a public instrument that certifies the authenticity of the facts.  In this way, the notary function is exposed to the legal duties of:  a) Receive the will of the parties b) Inform the parties, exercising the role of a maximum legal technician.  c) Draft the document that will serve as a public instrument to prove legal facts.  d) Authorize the public instrument with which the businesses are given legal form.  e) Issue copies of it to prove content.