Notary dictionary

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. 

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. 

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. 

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 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.