Notarial Dictionary

The notarial dictionary is a section of the website that allows you to know in detail the definition of all the terms related to the activity that takes place in an entity of this type. The Notary Bosch-Bages of Barcelona wants with this page to facilitate the knowledge of the most important concepts related to Notary services.


TweetCorrectable defects in the public instrument

Defects produced in the public instrument that do not lead to a radical or partial nullity, but rather allow a correction of the legal facts.



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. 

Tags: Public instrument.

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