Notarial Deeds and Certification of Legal Acts
Deeds with constitutive effect
Some notarial deeds are constitutive - the legal act exists only in the notarial form (for example, certain real-rights transactions over immovable property, and specified family or inheritance acts). Others are merely evidentiary. Identify which is which, because the consequence of form defects differs sharply.
Content and validity control
The notary must verify capacity, representation authority, absence of prohibited terms, and compliance with mandatory law. Understand the notary's duty to refuse an act that contradicts the law or good morals, and the duty to explain consequences. Know the rules on conditions and terms, on partial invalidity, and on the effect of a later annulment.
Special deed types
Study the typical deed types: transfer of ownership of immovable property, establishment of mortgage, servitude, right of use and habitation, division of co-owned property, and marital property agreements. Know which require an expert valuation or a tax certificate.
Traps and a rule of thumb
Traps: confusing a preliminary contract with the final notarial deed; forgetting that a notarized signature on a private document does not convert it into a notarial deed; and overlooking that a mortgage deed must state the secured claim and the maximum amount where applicable. Rule of thumb: ask whether the form is required for validity (constitutive) or only for proof (evidentiary) - the answer drives every consequence.