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.
Notary content
-Everyone- Notary (15)Affidavit - Apostille - Legality control - Notary district - Private document - Public document - Public deed - Language of the public document - Public instrument - Notary Law - Documentary evidence - Notarial regulation - Notarial responsibility - Act unit - What is a notary? -
AffidavitPublic instrument that acts with the purpose of authenticating a fact, such as the state or situation of a thing, and that the form that collects it will not contain an operative part or grant, nor will it be necessary to give faith of knowledge of the people, nor affirm your capacity ... The notarial act will collect the legal facts that do not fit in the form of public deed. |
ApostilleThe apostille is a method of accreditation that certifies that a notarial Document granted in Spain and that is going to be used abroad, has been granted with the due formalities and solemnities, contemplated in this country. The apostille must be certified by the Dean of the Notary College, or by a Notary who has been delegated the competence to carry out said procedure, with the authorization of signature and pertinent stamp. Click here for more information |
Legality controlThe notary, because he is considered a public official of the state, is obliged and it is his duty, as established in article 24 of the Notary Law, to supervise and inform the parties about the formal and material regularity of the legal acts and businesses. that are carried out by the parties and that the notary authorizes or intervenes in them....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. |
Notary districtThe notarial district comprises the areas and territories (normally different municipalities are grouped together) in which the notary has competence to act, except for those that are legally entitled to have authority beyond its notary district, so that the notarial district is the maximum limit of notary power of action. The delimitation of the District coincides with that of the judicial district by imperative of the notarial law. ...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. Click to consult the map of Notary Districts in Catalonia |
Private documentThe Civil Code in its article 1.225 tends to equate the private document with the value of a public deed, but that this value is constituted by limitations. ...Only the private document will have public value when:
Click to learn more about Private Documents |
Public documentThe public document will be that document that the notary attests and makes public. It is a means of real and pre-constituted proof that public documents form by authorization of the notary or competent public employee, in accordance with the solemnities established by Law. Consult the Official WEB of the General Council of the Notary |
Public deedNotary granting of a public deed, which states in a public document the facts and legal acts that include benefits of consents, declarations of will and contracts of all kinds, which the Notary certifies and certifies their validity. |
Language of the public documentIt is required that the language to be used in public instruments is Spanish, since this is the official language of Spain and will not give rise to doubts of significance and being easily understood by its citizens. ...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:
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Public instrumentPublic deed and set of authentic documents authorized by the competent notary, made with the legal solemnities, and that contain, reveal or externalize a fact, act or legal business proving its validity, being able to be verified as evidence together with their notarial copies and reproductions. Notarial instruments will be all those public documents that: -Must be authorized at the request of part e; -Include yourself in the protocol. For more information click to consult the BOE |
Notary LawLaw of May 28, 1862 of the notary has been divided into 6 titles, with a total of 46 articles, two general provisions (articles 47 and 48) and ten transitory provisions. ...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:
For more information, click to consult the Law in the BOE |
Documentary evidencePublic document with a privileged probative value, which allows to prove certain facts as true and without giving rise to doubts, which are issued by public employees or qualified persons who act within their competence and legality. Click to know more |
Notarial regulationThe notarial regulation has undergone multiple changes and subsequent new regulations since the original one in 1862, through six modifications of new regulations in the years 1874, 1917, 1921, 1935 and 1944, reaching the present day with the introduction of the modification of RD 45 / 2007 of 19 January. ...The notarial regulation informs of a series of areas and functions that the notary is in, being the following:
For more information, click to consult the Regulation in the BOE |
Notarial responsibilityThe notary may incur: Disciplinary responsibility: incur for the violation of internal and external regulations and consequently the conduct of the Notary who, without violating any regulations, acts against prestige or against the spirit that the notarial institution should preside over. Administrative Responsibility: The notary will incur responsibility when there is a non-compliance of a fiscal nature, whether he has acted or omitted an action or activity that the Notary was obliged to do. Civil liability: the notary is liable for the damages caused to his clients, whether caused by the formal defects of the public instrument that have prevented the achievement of the lawful purpose desired by the parties, the substantive defects that determine the absolute or relative nullity, due to a deficient advice, due to an incorrect choice of legal means, due to an incorrect conduct of the notary in front of his agents or his duty as depositor Criminal liability: the Notary acts producing an action or omission classified as a crime and intolerable fact. |
Act unitSeries of phases and procedure by which a public instrument is made. The Act Unit is limited to: 1) a preparatory period and 2) definitive period. ...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. |
What is a notary?The notary is par excellence a great legal professional who intervenes in two legal fields, acting as an expert in law, and at the same time, exercising the functions of a public official. As indicated in article 1 of the Law of Notaries, it says “The notary is the public official authorized to attest, in accordance with the laws, contracts and other extrajudicial acts. ...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. For more information consult the Official WEB of the General Council of Notaries |
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