Hello!
All right? Here in the capital makes freezing cold, even snow has fallen this evening, giving us all the college a Christmas scene that why. We had a couple of days through-all-the-world-known "Christmas Party", where the rookies had a chance to make the sentence a long time, free at last and for what we have left in the convent of any hazing, what a relief. Well, as often happens at this time, everyone starts to return to their homes with their families for Christmas. I hope to get to Zaragoza without problems (do you can believe that there is no direct bus Madrid-Huesca?), But with the cold hits me I have them all ...
Come with today's topic: the public trust . So at first glance it might seem that this is some kind of religious doctrine or something, but nothing is further from the truth. In fact, the question we will try to answer today is one that no doubt you will have made more than once: "Why notaries charge so much if you only have to take an autograph? " The truth is that the issue is not simple try, but otherwise notaries and registrars are a fundamental part of our legal system, so that we can not forget them in the doctrine is divided. Not to vary, the four things that are then put personal thoughts without manuals and without consulting anyone, so tomáoslas as such.
Let's see where to begin ... Well, as I said here ever, under our law the principle is of autonomy that does not mean that everyone else does basically what you want, provided they do not interfere in the rights of others. This freedom is manifested with particular force in contracts, in which we force ourselves to give, do or not do something. As a general rule, contracts (nonverbal) are reflected in private documents, ie, in a word document more or less clearly spelling out the obligations of both sides and ultimately signed by both. Well, there are certain contracts and certain acts which, by its importance, its effects and the involvement of third parties must be made in a public document (aka-Also Known as- deed). Let me explain with a couple of examples, which may well be better understood.
If I buy a Christmas present to my brother I am carrying out a contract of sale which in fact is reflected even in a document (perhaps in the ticket purchase), because 1) the low amount of purchase and 2) there must be a certain speed in the "legal transactions" (expression of the race where they exist). So every day we make a lot of acts and contracts without even realizing and without any problems. Now, what if I buy a house? The purchase of a property is much more serious, both quantitatively and qualitatively, what guarantees are also higher , of \u200b\u200bcourse. Thus, the purchase of a property must be by deed and be entered into the registry of property, in other words, must pass two filters to ensure that the sale was successful . And does that mean? Well, we made sure that seller and buyer are who they seem, that the house is being said, the seller can sell the same, which have paid the relevant taxes and have not been infringed third party rights , among other things. But
this is not everything! (And I finished). Keep in mind two things:
1. With writing and recording we ensure that it is aware of the act or business , thus avoiding problems of proof in an eventual trial. A private contract is much easier to forge a public document, in which the notary swears (hence public faith) of what is contained in it.
2. If you have problems with writing to the log t anto notaries and registrars are subject to a strict liability regime , which means they can get to having to repair the damage caused by their mistakes. For this and the importance of the role is to develop what they charge both notaries.
Finally, the example I set for the sale of property is one of the classic examples, but there are many more acts and transactions that must be made by public deed: powers (licensing), wills, corporate events, etc. .. Menudo
temita for a Monday morning, go to another. To see if I can access internet and write something more light before the new year.
Until then, abrigaos well and pass a merry Christmas!
また ね!
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