Underlying Civil Law Foundations: Contracts, Property, Succession, and Family
Contracts and property
A notarized contract is still governed by consent, object, and cause. Notarization adds authenticity and, where law provides, executory force; it does not cure missing consent or an unlawful object. In property deeds, the notary should check the parties’ authority, the property description, consideration, marital or spousal consent where required, and the presence of required witnesses. The notary does not guarantee title.
Succession and family
Wills require testamentary capacity, intent, and statutory formalities: signature, witnesses, date, and in some systems notarial authentication. A notary should not draft a will unless authorized and should confirm the testator’s understanding. Family instruments-marriage settlements, parental consent, powers of attorney-often require personal appearance, identification, and sometimes special wording.
Worked example
A deed of sale names a married seller, but only the seller signs; the spouse’s consent is required by local marital-property law. The notary should not proceed as if the deed were complete. The notary explains the missing consent and declines to certify until the required party appears or a valid authority is produced.
Traps
Giving legal advice on title or inheritance; notarizing a will without the required witnesses; ignoring a power-of-attorney limit; and assuming notarization proves the truth of the recitals.