Notarial Practice, Drafting and Procedural Formalities
The craft
Master the anatomy of a notarial deed: heading, identification of parties, recitals, operative clauses, declarations, and signatures. Know the formalities: reading of the deed, presence of parties or a proxy with special power, witnesses where required, and the minute and copy regime. Understand the authentication, the probate value, and the enforceable copy. Know the rules on electronic deeds and the digital notarial file.
Traps
- Proxy: a general power is insufficient for acts requiring special authority; questions test this.
- Reading: the deed must be read to the parties; exceptions exist and are tested.
- Minute vs copy: the minute stays with the notary; the copy is delivered; the enforceable copy has special status.
- Electronic deed: formalities are adapted but not abolished; questions suggest they are.
- Drafting clarity: ambiguous clauses are construed against the drafter; questions test interpretation.
Rule of thumb
Before signing, verify the four P's: parties (identity, capacity), power (authority of any proxy), purpose (lawful object), and publicity (registration). Any missing P is a formal defect.
Worked example: A seller's brother signs with a general power of attorney. For a sale of immovables, a general power may suffice if it expressly covers the act; otherwise the deed is vulnerable. The notary must check the power's scope, not merely its existence.