General Theory of Notarial Law and the Notarial Function
Core concepts
The notary is a public official who exercises a public function while remaining professionally independent. Candidates must master the distinction between the authentic instrument (produced by or with the notary) and a mere private document, and the special evidentiary force that attaches to authentic acts: they are presumed true as to facts the notary personally verified, and they carry executory force (título executivo) where the law so provides. Understand the notary's duty of impartiality and advice (dever de conselho) - the notary does not represent either party but must explain effects and refuse unlawful acts.
Traps in questions
Questions often confuse authentication (reconhecimento) of signatures with content certification. Recognising a signature does not certify that the document's content is true. Another frequent trap: assuming the notary's authentic act cures underlying nullities - it does not. Also distinguish notarial function (public faith) from registration function (land registry), which are separate institutions. Watch for items implying the notary may act as advocate for a party, or that electronic documents cannot be authenticated.
Rule of thumb
Ask: did the notary personally witness and verify this fact? If yes, strong authentic force. If the notary only identified the signatory, only the signature is authenticated, not the substance.
Worked example
A private lease is brought to a notary who merely recognises the parties' signatures. If a dispute arises over whether the rent stated is correct, the authenticated document proves the signatures, not the rent figure; content proof requires other evidence.