Angola Notary Qualification Exam flashcards
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- Fé pública notarial
- The presumption of truth attached to the notary's attestation; facts recorded by the notary in a public instrument are presumed true until proven otherwise by judicial decision.
- Escritura pública
- A solemn notarial instrument drafted in the notary's protocol, read to the parties and signed by them and the notary, conferring authenticity and enforceability on the act.
- Dever de imparcialidade
- The notary's duty to treat all parties equally and to abstain from any act in which the notary or close relatives have a personal interest.
- Sigilo profissional
- The notary's duty to keep confidential all facts learned in the exercise of the function, disclosable only where the law expressly requires or a court orders.
- Legitimação das partes
- The notary's verification of the parties' identity, capacity and legal standing to perform the act, based on identity documents and registry evidence before authorization.
- Hipoteca
- A real security over immovable property that does not transfer possession to the creditor; it must be constituted by public deed and registered to be opposable to third parties.
- Comunhão de adquiridos
- The default matrimonial property regime in which property acquired during marriage is common, while pre-marital property and inheritances remain separate.
- Usucapião
- Acquisition of ownership by continuous, peaceful and public possession over a period set by law, without need for a contract with the previous owner.
- Registo predial
- The public land registry that records title and encumbrances over immovable property; registration is presumed accurate and gives opposability to third parties.
- Certidão predial
- A registry certificate describing the property, its owner and any registered encumbrances; the notary must obtain it before authorizing a conveyance.
- Escritura de constituição
- The public deed incorporating a commercial company, stating firm name, object, registered office, capital, partners and management; registration confers legal personality.
- Alteração do pacto social
- A change to a company's articles of association, including capital changes, requiring a public deed and registration at the commercial registry.
- Dissolução de sociedade
- The termination of a company by expiry of term, partners' resolution, judicial decision or insolvency, followed by liquidation of its assets.
- Testamento público
- A will drawn by a notary, read to the testator in the presence of witnesses and signed by all, being the most solemn testamentary form.
- Legítima
- The reserved share of an estate that the law allocates to forced heirs (legitimários) and that the testator cannot freely dispose of by will.
- Habilitação de herdeiros
- The notarial procedure that establishes the heirs of a deceased person and their shares, preceding the partition of the estate.
- Partilha
- The division of an estate among heirs, made by public deed or private document confirmed by the notary and registered for immovable property.
- Bilhete de Identidade
- The national identity document used by the notary to verify a party's identity before authorizing an act; its data must be recorded in the instrument.
- Divórcio por mútuo consentimento
- Divorce by mutual consent processed before the Conservatória or by notary where there are no minor children and the legal requirements are met.
- Procuração
- A power of attorney authorizing a representative to act for the principal; the notary must verify its validity and any revocation before use.
- Dever de esclarecimento
- The notary's duty to explain the meaning and legal effects of the act to the parties, ensuring informed consent before signature.
- Impedimento do notário
- A legal circumstance, such as personal or family interest, that requires the notary to abstain from authorizing the act.
- Diligência devida ao cliente
- The anti-money-laundering duty to identify clients, beneficial owners and the purpose of the transaction, applying enhanced measures to higher-risk cases.
- Comunicação de operação suspeita
- A report sent by the notary to the central anti-money-laundering authority on transactions suspected of money laundering, without tipping off the client.
- Pessoa politicamente exposta
- A person entrusted with prominent public functions whose transactions trigger enhanced due diligence, including senior approval and source-of-funds verification.
- Repertório notarial
- The notary's index of all acts performed, ensuring traceability and availability for inspection, kept together with the protocol.
- Emolumentos notariais
- The fees payable to the notary, set by the applicable table and calculated on the value and nature of the act performed.
- Imposto do selo
- A stamp duty applicable to notarial deeds, collected by the notary as the assessing entity in many acts and stated in the instrument.
- Imposto sobre a transmissão
- The property transfer tax that must be settled or exempted before the notary authorizes a deed of conveyance of immovable property.
- Traslado
- A full copy of a notarial deed issued from the protocol with the same legal force as the original, issuable only by the notary with custody.
- Testemunhas instrumentárias
- Witnesses required for certain notarial acts, such as where a party cannot sign or is blind, who attest to the act alongside the notary.
- Quota disponível
- The portion of an estate that the testator may freely dispose of by will, after satisfying the reserved share (legítima) of the forced heirs.