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What does it mean to notarize into public deed?

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Notarize into public deed

Making a document public means formalizing a private document before a notary or competent public official so that it acquires the character of a public deed.

In this process, the notary verifies the authenticity of the signatures, the identity of the parties involved and the validity of the contents of the document. Once the process is completed, the document becomes effective against third parties (erga omnes) and is endowed with greater probative force.

For the submission of a document to the public to be mandatory, it must be expressly stated in its content, according to article 1279 of the Civil Code.

For example, Joel is in the process of buying a home in Spain and has reached an agreement with the seller on the terms of the sale. After drawing up a sales contract that sets out the key details of the agreement, such as the price of the home, payment terms, and delivery dates, Joel and the seller set out to ensure that the contract is legally valid and enforceable according to Spanish legislation.

At this stage, the contract is raised to public status, which involves the intervention of a notary public. Joel and the seller attend an appointment with the notary, who examines the contract for compliance with legal requirements and to ensure that the parties involved understand and agree to the terms set forth in the contract. Once this review has been completed, the notary authenticates Joel’s and the seller’s signatures, and certifies the content of the contract.

Once the contract has been made public, the notary is responsible for sending a copy of the contract to the corresponding Property Registry. This step is essential to formalize the change of ownership and ensure that the home is legally registered in Joel’s name as the buyer.

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