Notarial Certificates and Certification of Transactions
Core transactions
This domain covers certification of real estate alienation, mortgage, rent, gift, exchange, wills and inheritance contracts. The candidate must know which transactions require notarial form by law and the consequences of non-compliance: invalidity or unenforceability.
Real estate and mortgage
Alienation of immovable property requires a written contract with notarial certification and, where applicable, state registration of the right. Verify title documents, absence of encumbrances, spousal consent, and the parties' capacity. Mortgage certification requires checking the underlying obligation, the secured sum, and registration of the encumbrance. Traps: confusing the notarial act with state registration, and forgetting spousal consent for jointly owned property.
Rent, gift, exchange
Lifetime maintenance rent (renta) has special rules on the maintenance obligation and termination. Gift certification requires checking that the donor's will is genuine and that the property is not subject to a prior gift. Exchange mirrors sale but with mutual transfer; watch for the prohibition on exchanging property under certain restrictions.
Wills and inheritance contracts
A will must be personally signed by the testator, with capacity verified and the text read aloud. An inheritance contract differs from a will: it binds the parties and cannot be unilaterally revoked. Confusing the two is a classic trap.
Rule of thumb
For every transaction, identify the mandatory form, verify title and consent, explain consequences aloud, and record the act in the register.