Types of notarial documents

Types of notarial documents

  • 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.
  • Inheritance: Transmission due to death, either on a universal basis (inheritance itself), or on a private (or legacy) basis, that is, the transfer of property and rights due to the death of a person, between the deceased and another person (his heir or legatee).
  • 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.
  • Prenuptial agreements: An agreement between spouses whose essential purpose is to establish their marital economic affairs and to settle their previous asset arrangements. 
  • Weddings, separations and divorces: You can currently get married before a notary. The spouses can also divorce by mutual agreement (or separate) by going to the notary to grant a public deed, provided they do not have children under legal age or capacity modified.
  • 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.
  • Personal loan: The loan is a contract by which a financial or non-financial entity or an individual, makes a certain amount of money available to us. When it is not specially guaranteed with specific and determined goods, it is called personal in allusion to which it forces us to respond with all our goods.
  • 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.
  • 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.
  • 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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