Notaries

Types of notarial instrument

  • Will: An individual, unrestricted and revocable legal act by means of which a person regulate his or her inheritance, by appointing one or more heirs. The most common and the safest practice is to draw up a will in the presence of a notary, in the form of an open will. There are other forms, such as a closed will before a notary, a holographic will, or a military or maritime will before witnesses, although they are not commonly used.
  • Prenuptial agreements: An agreement between spouses whose essential purpose is to establish their marital economic affairs and to settle their previous asset arrangements. They may likewise be executed by those who are not married but are to marry during the following year.
  • Power of attorney: Entitlement granted by one person to another to perform and execute certain legal and material acts in the former's name. The legal representative do not need to accept the power of attorney, which is a unilateral act by the principal. Furthermore, the representative might not know that the power of attorney has been granted, since it is sufficient for the person granting the instrument to attend the notary office. A power of attorney can be revoked by the principal, by means of another subsequent authentic instrument, thereby repealing the previous text.
  • Minutes: In this document the notary places on record an account of the occurrences during the staging of an assembly, convention, meeting, court hearing or gathering of any kind, and the resolutions or decisions taken.
  • Sale and purchase: A contract by virtue of which one of the parties undertakes to transfer ownership of a thing or right, while the other in turn undertakes to make payment of an agreed price for it. This could be real estate, movable assets or rights.
  • Mortgage loan: A loan the repayment of which is guaranteed by means of one or more real estate properties, whether residential, commercial, garages, land, rural estates, etc.
  • Creation of commercial companies: The act of founding a company, defining its fundamental elements: initial capital stock, registered office, legal regime, etc. Commercial companies are created in accordance with commercial registration, irrespective of whether the purpose is commercial or not. These include public and private limited liability companies, among others.
  • Declaration of intestate heirs: An intestate heir is a person (or persons) who, when no heir is named in a will, is or are established as such by law. In order to be named an intestate heir, a declaration dossier must be drawn up by a notary.
  • Policy: Commercial document drawn up by one of the parties. If it is witnessed by a notary it has privileged effects, essentially when demanding enforcement of the terms before the courts. It can be drawn up without the services of a notary, but then it will lack those effects.
  • Protest: A document recording a refusal to accept or pay a bill of exchange, promissory note or cheque in order not to harm or diminish the rights and actions of the people involved.
  • Other documents
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