Cuba Notary Qualification flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Fe pública notarial

The public faith attributed to the notary: the notary's authorized instruments are presumed authentic and their content carries evidentiary force unless challenged through legal proceedings.

Protocolo notarial

The bound, foliated, sealed book held by the notaría in which escrituras and actas are recorded in order; it is the source for testimonios and is subject to Ministry oversight and conservation rules.

Testimonio

A certified copy issued by the notary from an instrument in the protocol, reproducing its content and certifying its conformity; it is the document used for registry and third-party purposes.

Territorial competence

The rule that a notary generally acts within the demarcation of the notaría; acts outside it require a recorded reason, such as a party's illness or domicile.

Acta de notoriedad

A notarial act in which the notary records facts verified personally or established by declarants' statements; it does not replace an escritura where the law requires a deed.

Nasciturus protection

The conceived but unborn child is protected for rights that would accrue upon live birth; this affects successions opened during gestation and requires careful drafting of adjudications.

Legítima

The portion of the estate reserved by law for forced heirs, primarily descendants and, in default, ascendants; the testator cannot freely dispose of it without legal cause.

Testamento abierto

The ordinary notarial will, executed before a notary and witnesses, read aloud, and signed; the original remains in the protocol and the testator receives a testimonio.

Intestate succession

Succession by statutory order when there is no valid will: descendants, ascendants, spouse, and collateral relatives, with the surviving spouse's share governed by the Civil Code.

Capitulaciones matrimoniales

Agreements on the matrimonial property regime executed by escritura pública before or during marriage; they must be registered where the law requires and cannot prejudice third parties retroactively.

Tracto sucesivo

The registry principle that each transfer or encumbrance must be inscribed in favor of the person previously appearing as holder; a break requires corrective inscription before further entries.

Calificación registral

The registrador's review of the instrument's form, the parties' capacity, and the legality of the title; defects lead to suspensión or denegación with a reasoned nota de calificación.

Hipoteca

A real right of security constituted by escritura pública and inscribed in the registry; it requires a determined obligation and gives preference according to the rank of the entry.

Propiedad horizontal

A regime of divided ownership in a building, constituted by escritura pública with statutes and cuotas; the notary drafts the division and the regime is then inscribed in the registry.

Publicidad registral

The registry's function of making property rights publicly knowable; inscription protects third parties in good faith and supports the presumption of accuracy of the folio real.

Vicios del consentimiento

Error, dolo, violencia, and intimidación that vitiate consent; the notary must verify free expression of will and may refuse to authorize an instrument showing coercion.

Solidaridad

A regime in which each debtor may be compelled for the whole obligation; it is not presumed and must be expressly agreed or established by law, so the deed should state it.

Cláusula penal

A contractual clause fixing a penalty for breach; valid if lawful and not abusive, and recorded by the notary with its amount and mechanism, subject to judicial moderation.

Novación

Extinction of an obligation by substitution with a new one, by change of object, cause, or parties; the instrument must identify the original obligation and the required consents.

Lectura del instrumento

The mandatory reading of the deed to the parties before signature; the notary records that it was read and approved, which is essential to the instrument's validity.

Salvadura

A correction made before signature and noted in the instrument; post-signature changes require a new diligencia or instrument and never an alteration of the signed text.

Protocolización

The incorporation of a document into the protocol by diligencia; the original stays in the protocol and testimonios are issued from it for registry or third-party use.

Traducción jurada

A translation by a sworn translator required for foreign-language documents before protocolization or legalization; the translator's signature is itself legalized where needed.

Apostilla

The certificate under the Hague Convention authenticating the signature and seal of a public document; it does not certify content or legal effect in the receiving state.

Cadena de legalización

The sequence of certifications: notary, then superior notarial authority, then foreign ministry or consulate; each link certifies the previous signature and capacity.

Legalización consular

Consular certification used for documents destined to states not party to the Apostille Convention, or where the receiving authority requires consular legalization instead of an apostille.

Secreto profesional

The notary's duty to keep protocol content and client information confidential; disclosure is permitted only under legal obligation or judicial order.

Imparcialidad notarial

The duty to remain independent and neutral; the notary must decline instruments where the notary, spouse, or close relatives have an interest or where independence is compromised.

Arancel notarial

The regulated fee schedule for notarial services; charging outside it or conditioning service on extra payments is a disciplinary infraction.

Poder especial

A power of attorney limited to specified acts, required for disposition, mortgage, sale, or litigation; it must identify the act and its limits and is often apostilled for use abroad.

Revocación de testamento

A later will revokes an earlier one unless it expressly provides partial revocation; revocation may also be executed by escritura pública before a notary.

Ley 118/2014

The Cuban foreign investment statute; notarial acts involving foreign investors must reflect the required authorization, registration, and compliance with sectoral rules.