Notarial Law and Notarial Practice
Core concepts
Notarial law covers the status of the notary, the notarial deed, and notarial certification. Know the requirements for appointment, incompatibility, impartiality, the duty to advise and explain, and the obligation to refuse where the act is unlawful. Distinguish the notarial deed (full evidentiary and enforcement force) from certification of signature and date, and from the notarial attestation. Master the formal elements: identity of parties, capacity, declaration of will, and reading and signature. Understand the notary's archive, the register, and the issue of certified copies.
Traps
Questions often test when a notarial deed is required by law (transfer of immovable property, mortgage, certain family and inheritance acts) versus when certification suffices. Watch the rules on refusal, on the notary's liability, and on the fee calculation. A frequent trap is the effect of a missing element: an incomplete deed may be void or fail to produce enforcement force.
Rule of thumb
Check form, capacity, and content in that order. Example: A party signs a deed of sale without capacity to dispose; the notary must refuse or the deed is invalid, and the buyer cannot claim registration based on it.