General Theory of Notarial Acts and Notarial Procedure
Classification of acts
Build a clear taxonomy: notarial deeds (notarial acts in the strict sense, drawn up in the statutory form), certifications (signatures, transcripts, copies, translations), and protests and other statutory acts. Distinguish acts of authentication from acts of mere certification, and know which acts require the personal appearance of the parties.
Elements of the notarial deed
Know the mandatory content: date and place, identification of the notary and the parties, capacity and representation checks, the declarations, the signatures, the seal, and the entry in the notarial register. Form defects generally affect validity, so questions often turn on whether an omitted element is essential or merely evidentiary.
Procedure
Understand the sequence: request, identity and capacity verification, reading of the draft to the parties, signing in the presence of the notary, registration, and issuance of copies. Know the rules on witnesses and interpreters, on persons who cannot sign, and on the notary's duty to explain the legal effect. Note the register and archive duties and the rules on issuing certified copies from the archive.
Traps and a rule of thumb
Traps: treating a certification of signature as equivalent to a notarial deed; assuming the notary may draft freely without reading the act aloud; confusing the original, the duplicate, and the certified copy. Rule of thumb: for any scenario, ask (1) which type of act is this, (2) which formal elements are mandatory for that type, and (3) who must be physically present.