Chili

Public deeds are regulated by paragraph 7 of Title XI of the Organic Code of Courts, specifically in articles 403 to 414. Article 403 defines public deeds in the following terms:

“Article 403.- Public deed is the public or authentic instrument granted with the solemnities established by this law, by the competent notary, and incorporated into its protocol or public registry.”

The Civil Code classifies it as a type of public instrument in its article 1699, therefore making full faith as to the fact of having been delivered and its date, and regarding the truth of the statements contained in it have been made by the interested parties, but in this last point only with respect to the declarants, as established in article 1700.

Colombia

The presence of a notary is required to attest to the identity of the people, documents and facts participating in the deed. Regarding the notary and its capacity to give public attestation, Colombian law (Decree 2148 of 1983) has contemplated the following:

"Art. 1.- Notary is a public service and involves the exercise of notarial faith. Public or notarial faith grants full authenticity to the statements issued before the notary and to what is expressed by him regarding the facts perceived in the exercise of his functions, in the cases and with the requirements established by law.

Art. 2.- The notary will perform his duties at the request of the interested parties, who have the right to freely choose him, except as stipulated in the distribution.

Art. 3.- The notary will not authorize the instrument when he reaches the conclusion that the act it contains would be null due to absolute incapacity of one of the grantors or because it is clearly and expressly prohibited by law.

Of the other defects that affect the act that is the subject of the contract, it will warn those appearing and if they insist, it will authorize it, leaving a record of it in the instrument.

The means of proof constantly resort to so-called documents of certain date, and these documents are precisely those that have been presented before a notary, who has attested to the date of origin of said document.

It is not possible to consider a private document to have the value of a document of a certain date, so in many cases it is not valid to prove rights that were disputed, therefore, if you want to have the security of a valid means of proof, it must always be elevated to a public deed.

Mexico

The Law of the Notary of the Federal District, in articles 60 and 82, indicates the two types of public documents that the notary can record in the protocol.

"Art. 60.- For the purposes of this Law, writing is understood to be any of the following public instruments:

I. The original that the notary enters in the authorized book, in accordance with article 46 of this Ordinance, to record a legal act, and that contains the signature of the appearing parties and the signature and seal of the notary.

II. The original that is made up of the document in which the legal act in question is recorded, and an extract from it that contains its essential elements and the authorized book is recorded.

The document must complete the formalities indicated in this chapter, be signed on each of its pages and at the end by the appearing parties and the notary; bear its seal in the aforementioned places, and add to the appendix with its annexes.

The extract will mention the number of pages of which the document is composed, and a complete list of its annexes and will be signed by the notary's attendees.

The final authorization and marginal annotations will be made only in the protocol book."

For the granting of a deed, the law indicates two possibilities: 1.- That it be extended completely in the protocol; 2.- That an extract be extended and the complementary document be added to the appendix.

Contenido

La nulidad total de una escritura está regulada en la ley del notariado:.

I. Si el Notario no tiene expedito el ejercicio de sus funciones en el momento de su actuación;.

II. Si no le está permitido por la Ley intervenir en el acto;.

III. Si no le está permitido dar fe del acto o hecho materia de la escritura o del acta por haberlo hecho en contravención de los términos de la fracción II del artículo 45;.

III. Si fuere firmado por las partes o autorizado por el Notario fuera del Distrito Federal;.

IV. Si ha sido redactado en idioma distinto al español;.

V Si no está firmado por todos los que deben firmarlo según esta Ley, o no contiene la mención exigida a falta de firma;.

VI. Si está autorizado con la firma y sello del Notario cuando debiera tener nota de "no pasó", o cuando el instrumento no esté autorizado con la firma y sello del Notario.

VII. Si el Notario no se aseguré de la identidad de los otorgantes en términos de esta Ley.

Cuando se demanda la nulidad de una escritura pública debe intervenir necesariamente el notario ante el cual se otorgó, ya que de proceder la acción, tiene que hacer la anotación respectiva a su protocolo y, además, porque en algunos casos, su actuación trae aparejada responsabilidad, ya sea por una conducta dolosa o culposa.

Types of deed nullity

This nullity occurs when there are additions between lines and tested words that are not saved at the end of the document.

Corrections not saved in the deeds, minutes or registration details will be considered not made.

The lack of form of the deed can be validated by granting it with the formalities established by the notarial law.

Article 120 of the Notarial Law provides that when it is required to resist or modify an act contained in a deed, a new deed must be issued and an annotation must be made that it will contain.

There is partial information on a deed when several legal acts are recorded in a single deed and the complementary note of non-passage is added to one of them. Therefore, the deed is ineffective only for what corresponds only to the testated act that did not pass.

Substantive nullity occurs when the Public Instrument is ineffective because the act or contract it contains is affected by a defect that invalidates it. This nullity is governed by the rules regarding the nullity of acts and contracts of civil law.

The nullity of form is what interests Notarial Law since it affects the document or Public Deed considered in itself, and not as a container for the invalid legal act. The foregoing is without prejudice to the fact that formal nullity directly or indirectly affects the validity of the act it contains.

The granting of public deeds is subject to mandatory formal requirements; But not every irregularity or every failure to comply with any requirement produces nullity or ineffectiveness of the deed, since in some cases this failure does not affect the substance of the instrument but rather produces some tax sanctions or responsibilities for the notary.

This is formal nullity, since substantial nullity is a matter of substantive civil law and it is up to the parties or interested parties to request its declaration, as the case may be.

Article 99 of Decree Law 960 of 1970 establishes that from a formal point of view, deeds that omit compliance with the essential requirements are void in the following cases:

It should be noted that there has been disagreement about the phenomena of non-existence and nullity. And article 100 of the Notarial Statute establishes the non-existence of the deed as such, when it has not been authorized by the notary.

Establishes a solution only in the case of lack of the notary's signature, when it is due to causes other than those that justify the denial of authorization, empowering the Superintendence of Notaries and Registry to arrange for the instrument to be signed by whoever is exercising the position.

Chili

Public deeds are regulated by paragraph 7 of Title XI of the Organic Code of Courts, specifically in articles 403 to 414. Article 403 defines public deeds in the following terms:

“Article 403.- Public deed is the public or authentic instrument granted with the solemnities established by this law, by the competent notary, and incorporated into its protocol or public registry.”

The Civil Code classifies it as a type of public instrument in its article 1699, therefore making full faith as to the fact of having been delivered and its date, and regarding the truth of the statements contained in it have been made by the interested parties, but in this last point only with respect to the declarants, as established in article 1700.

Colombia

The presence of a notary is required to attest to the identity of the people, documents and facts participating in the deed. Regarding the notary and its capacity to give public attestation, Colombian law (Decree 2148 of 1983) has contemplated the following:

"Art. 1.- Notary is a public service and involves the exercise of notarial faith. Public or notarial faith grants full authenticity to the statements issued before the notary and to what is expressed by him regarding the facts perceived in the exercise of his functions, in the cases and with the requirements established by law.

Art. 2.- The notary will perform his duties at the request of the interested parties, who have the right to freely choose him, except as stipulated in the distribution.

Art. 3.- The notary will not authorize the instrument when he reaches the conclusion that the act it contains would be null due to absolute incapacity of one of the grantors or because it is clearly and expressly prohibited by law.

Of the other defects that affect the act that is the subject of the contract, it will warn those appearing and if they insist, it will authorize it, leaving a record of it in the instrument.

The means of proof constantly resort to so-called documents of certain date, and these documents are precisely those that have been presented before a notary, who has attested to the date of origin of said document.

It is not possible to consider a private document to have the value of a document of a certain date, so in many cases it is not valid to prove rights that were disputed, therefore, if you want to have the security of a valid means of proof, it must always be elevated to a public deed.

Mexico

The Law of the Notary of the Federal District, in articles 60 and 82, indicates the two types of public documents that the notary can record in the protocol.

"Art. 60.- For the purposes of this Law, writing is understood to be any of the following public instruments:

I. The original that the notary enters in the authorized book, in accordance with article 46 of this Ordinance, to record a legal act, and that contains the signature of the appearing parties and the signature and seal of the notary.

II. The original that is made up of the document in which the legal act in question is recorded, and an extract from it that contains its essential elements and the authorized book is recorded.

The document must complete the formalities indicated in this chapter, be signed on each of its pages and at the end by the appearing parties and the notary; bear its seal in the aforementioned places, and add to the appendix with its annexes.

The extract will mention the number of pages of which the document is composed, and a complete list of its annexes and will be signed by the notary's attendees.

The final authorization and marginal annotations will be made only in the protocol book."

For the granting of a deed, the law indicates two possibilities: 1.- That it be extended completely in the protocol; 2.- That an extract be extended and the complementary document be added to the appendix.

Contenido

La nulidad total de una escritura está regulada en la ley del notariado:.

I. Si el Notario no tiene expedito el ejercicio de sus funciones en el momento de su actuación;.

II. Si no le está permitido por la Ley intervenir en el acto;.

III. Si no le está permitido dar fe del acto o hecho materia de la escritura o del acta por haberlo hecho en contravención de los términos de la fracción II del artículo 45;.

III. Si fuere firmado por las partes o autorizado por el Notario fuera del Distrito Federal;.

IV. Si ha sido redactado en idioma distinto al español;.

V Si no está firmado por todos los que deben firmarlo según esta Ley, o no contiene la mención exigida a falta de firma;.

VI. Si está autorizado con la firma y sello del Notario cuando debiera tener nota de "no pasó", o cuando el instrumento no esté autorizado con la firma y sello del Notario.

VII. Si el Notario no se aseguré de la identidad de los otorgantes en términos de esta Ley.

Cuando se demanda la nulidad de una escritura pública debe intervenir necesariamente el notario ante el cual se otorgó, ya que de proceder la acción, tiene que hacer la anotación respectiva a su protocolo y, además, porque en algunos casos, su actuación trae aparejada responsabilidad, ya sea por una conducta dolosa o culposa.

Types of deed nullity

This nullity occurs when there are additions between lines and tested words that are not saved at the end of the document.

Corrections not saved in the deeds, minutes or registration details will be considered not made.

The lack of form of the deed can be validated by granting it with the formalities established by the notarial law.

Article 120 of the Notarial Law provides that when it is required to resist or modify an act contained in a deed, a new deed must be issued and an annotation must be made that it will contain.

There is partial information on a deed when several legal acts are recorded in a single deed and the complementary note of non-passage is added to one of them. Therefore, the deed is ineffective only for what corresponds only to the testated act that did not pass.

Substantive nullity occurs when the Public Instrument is ineffective because the act or contract it contains is affected by a defect that invalidates it. This nullity is governed by the rules regarding the nullity of acts and contracts of civil law.

The nullity of form is what interests Notarial Law since it affects the document or Public Deed considered in itself, and not as a container for the invalid legal act. The foregoing is without prejudice to the fact that formal nullity directly or indirectly affects the validity of the act it contains.

The granting of public deeds is subject to mandatory formal requirements; But not every irregularity or every failure to comply with any requirement produces nullity or ineffectiveness of the deed, since in some cases this failure does not affect the substance of the instrument but rather produces some tax sanctions or responsibilities for the notary.

This is formal nullity, since substantial nullity is a matter of substantive civil law and it is up to the parties or interested parties to request its declaration, as the case may be.

Article 99 of Decree Law 960 of 1970 establishes that from a formal point of view, deeds that omit compliance with the essential requirements are void in the following cases:

It should be noted that there has been disagreement about the phenomena of non-existence and nullity. And article 100 of the Notarial Statute establishes the non-existence of the deed as such, when it has not been authorized by the notary.

Establishes a solution only in the case of lack of the notary's signature, when it is due to causes other than those that justify the denial of authorization, empowering the Superintendence of Notaries and Registry to arrange for the instrument to be signed by whoever is exercising the position.