Notarial Instruments and Deeds: Drafting and Formal Requirements
What the domain tests
This domain tests the anatomy and formalities of the escritura pública and the acta: comparecencia, identification, antecedents, clauses, reading, consent, signatures, protocol number, and copies. The exam rewards precise drafting and spotting omissions that invalidate or weaken the instrument.
Core rules
- The escritura must identify the notary, place, date, protocol number, and the grantors. Identity is proved by official document; if that is impossible, testigos de conocimiento may be used only as allowed by law.
- The comparecencia clause states each party’s name, civil status, capacity, domicile, and representation. A representative must show a valid power and the scope of authority.
- The body states antecedents, the object, the price or cause, the clauses, and the legal notices. Blank spaces, interlineations, and salvaduras must be avoided or formally corrected.
- The deed must be read to the parties or their representatives. The reading clause records that the parties were informed of its content and consented.
- Signature by the grantors and the notary completes the authorization. The matriz remains in the protocolo; testimonios are issued afterward.
- Special cases: blind or illiterate grantors require reading aloud and, where applicable, witnesses; non-Spanish speakers require an interpreter and a translation clause.
Worked example
A blind seller appears to sell an apartment. The notary cannot simply obtain a fingerprint. The deed records the disability, reads the entire instrument aloud in the presence of two witnesses, states that the seller understood and consented, and identifies the witnesses. The notary also verifies the seller’s title and the absence of charges. If the reading clause or witness identification is missing, the deed is exposed to challenge.
Traps that cost marks
- Omitting the lectura clause or treating it as a formality.
- Accepting a photocopy of an ID without recording the cotejo.
- Failing to verify the power of attorney’s scope and validity.
- Using witnesses when the law requires a different safeguard.
- Leaving blanks or unauthenticated corrections in the matriz.