Escribanía - 14/06 - Parte 1

Introduction and Setup

Initial Technical Issues

• The session begins with some technical difficulties regarding video recording. The speaker confirms that the recording is active and checks for visual indicators of this status.

Class Participants

• The speaker introduces various participants in the session, including Carolina, Valeria, Luisina, and Jorge. This sets the stage for a collaborative learning environment.

Understanding Notarial Acts

Distinction Between Notarial Acts and Private Acts

• The discussion emphasizes the importance of distinguishing notarial acts from private acts, particularly focusing on how "dación de fe" (the act of giving faith) is expressed in notarial contexts. It highlights that notarial acts require specific formalities that are more rigorous than those for private acts.

Rigor in Notarial Formalities

• The speaker explains that unlike private acts where form is optional, notarial acts must adhere to strict formal requirements to ensure validity and clarity. This includes using special paper and following established protocols.

Clarity in Notarial Documentation

Importance of Clear Language

• Emphasizing clarity in language used within notarial documents, the speaker notes that ambiguity can lead to misinterpretation. Unlike private agreements where interpretation may be flexible, notarial formulas must be explicit to avoid confusion or legal disputes.

Legal Implications of Notary Errors

• According to Article 297 mentioned by the speaker, a notary cannot claim ignorance or error regarding their documentation; thus, it underscores the necessity for precision in drafting these documents to prevent potential legal issues later on.

Modern Role of Notaries

Unambiguous Documentation Purpose

• The modern function of notarization extends beyond mere documentation; it aims to create unambiguous records that clearly communicate the implications of actions taken by individuals involved in legal transactions. This ensures all parties understand their rights and responsibilities fully.

Personal Anecdotes on Legal Proceedings

• The speaker shares personal experiences about testifying as a witness in court cases which illustrates how formal settings elevate awareness about the significance of one’s statements compared to informal agreements made without due consideration. This reinforces why proper notarization matters significantly during legal proceedings.

Practical Considerations for Notaries

Importance of Formality in Transactions

• A discussion arises around how conducting transactions formally through a notary influences people's understanding and decision-making processes regarding significant commitments like property purchases or leases—highlighting how formality encourages careful consideration before signing agreements.

Clarification on Roles as Perito en Derecho

Understanding Notarial Acts and Legal Clarity

Importance of Clear Language in Notarial Acts

• The speaker emphasizes the need to avoid ambiguous formulas in notarial acts, highlighting that clarity is essential for legal documentation.

• A distinction is made between different types of evidence; public faith is attributed to the act itself rather than the subjective claims of individuals involved.

• The speaker stresses the importance of specifying how payments are received (e.g., cash, bank deposit) to prevent confusion in legal interpretations.

Challenges Faced by Notaries

• Confusion among clients, judges, and opposing parties can be advantageous in complex cases but detrimental for clear legal practice.

• The speaker warns against repetitive phrases like "ante m de fe," which do not contribute meaningfully to the act's validity and should be avoided.

Legal Framework Governing Notarial Acts

• Reference is made to specific articles within civil codes that outline the formal requirements for notarial acts, including their structure and necessary components.

• The classification of public instruments underlines a historical perspective on how these documents are categorized within legal frameworks.

Distinction Between Official Documents and Public Instruments

• Clarification is provided regarding what constitutes an official document versus a true public instrument, emphasizing the role of public officials in validating such documents.

• The discussion includes various types of documents recognized as official by law, including judicial records and state-issued titles.

Responsibilities and Limitations of Notaries

• It’s noted that notaries must ensure their actions fall within their jurisdictional authority; otherwise, documents may lack validity.

• Prohibitions on acting where personal interests exist are discussed, stressing ethical considerations for notaries when engaging with family or close associates.

Legal Validity of Public Instruments

Requirements for Appointment and Notification

• The lack of necessary requirements for appointment does not invalidate the act or instrument if the individual effectively holds an existing position and acts under the appearance of legitimacy. Notification is crucial; until valid notification occurs, all actions remain in effect.

Jurisdictional Defense and Public Instruments

• Public instruments issued according to legal codes are recognized throughout the Republic, regardless of jurisdiction. This emphasizes the importance of jurisdictional defense to prevent unauthorized actions by notaries or lawyers from other jurisdictions.

Validity and Anomalies in Public Instruments

• A public instrument is invalid if it contains amendments, erasures, or alterations in essential parts unless these are corrected before required signatures. The article discusses how such anomalies should be addressed.

Addressing Errors in Public Instruments

• The discussion begins with identifying errors within public instruments. It highlights that any amendments must be properly documented to maintain validity, indicating a need for clarity on how to rectify such issues.

Content Requirements for Public Instruments

• Article 305 outlines that public instruments must include any amendments or modifications made to essential parts, which should be handwritten by the notary prior to signing. This stresses the importance of proper documentation practices.

Handling Errors in Legal Documents

Types of Errors and Their Implications

• Various types of errors can occur in legal documents, including typographical mistakes or changes in agreement terms (e.g., payment schedules). These require careful handling to ensure legal compliance.

Importance of Rigor in Document Preparation

• Maintaining rigor during document preparation is critical; discrepancies can lead to significant complications. While technology has simplified some processes, strict adherence to legal standards remains essential.

Real-Life Application: Correcting Mistakes

• Practical examples illustrate how clerical errors are often corrected on-the-fly during judicial proceedings. Despite advancements in technology making corrections easier, traditional methods still apply regularly.

Practical Exercises for Notarial Practice

Engaging with Hypothetical Scenarios

• Participants are encouraged to engage with hypothetical scenarios involving common notarial challenges—such as incorrect personal information—to develop problem-solving skills relevant to real-world situations.

Case Study: Changes in Personal Status

• A scenario presents a case where a person's marital status needs updating due to recent changes. Participants must consider how best to amend this information while maintaining document integrity.

Adjustments During Transactions

Understanding Legal Documentation Errors

The Importance of Accurate Status in Legal Documents

• The speaker emphasizes the need for clarity in legal documentation, particularly regarding marital status, which can affect the validity of contracts.

• A scenario is presented where an individual incorrectly states their marital status as single when they are married, highlighting potential errors in record-keeping.

• The discussion revolves around how such discrepancies can arise from misunderstandings or mistakes in data entry within legal systems.

• It is crucial that all records reflect accurate information; if a person’s status changes (e.g., from married to single), it must be updated correctly across all documents.

• The speaker stresses that maintaining consistency across different documents is essential to avoid confusion and ensure legal integrity.

Common Mistakes and Their Implications

• The speaker notes that while errors are common, they can lead to significant issues if not addressed properly; understanding these pitfalls is vital for legal professionals.

• Emphasis on learning proper procedures to prevent mistakes during documentation processes is highlighted as a key educational goal for attendees.

• There’s a call to recognize that even judges and clerks make similar errors, underscoring the importance of diligence at all levels of the legal system.

• An example illustrates how individuals may disappear from records due to improper handling of their documentation, leading to complications in future transactions.

Practical Examples and Learning Opportunities

• A hypothetical situation involving property ownership illustrates how mismanagement of personal status could complicate real estate transactions.

• The speaker shares personal experiences with public inspections and consultations about tax interpretations, emphasizing the necessity for clear explanations behind procedural requirements.

• A specific case involving signature placement on documents serves as an example of why understanding procedural details is critical for compliance with legal standards.

Key Takeaways on Document Validity

• Properly documenting marital status requires careful attention; any discrepancies can render parts of a document invalid or unenforceable.

• It’s important that signatures reflect true consent and agreement with the content above them; incorrect placements can lead to disputes over intent.

• Misunderstandings about what constitutes valid testimony or evidence within documents are common but must be clarified through education and practice.

Conclusion: Learning from Errors

• The session aims to educate participants on avoiding typical mistakes made by others in the field, fostering a culture of accuracy and accountability.

• Understanding what does not hold value legally helps clarify what should be emphasized in documentation practices moving forward.

Understanding Legal Documentation

The Importance of Properly Documenting Legal Status

• Paul emphasizes the necessity of using "testado" instead of "tachado" in legal documents, highlighting that clarity is crucial in legal writing.

• He explains that incorrect terminology can lead to misunderstandings, stressing the importance of accurately stating one's status in legal texts.

• Paul illustrates how a clear strike-through (borrón) should render previous information unreadable to avoid ambiguity about one's marital status.

• He clarifies that if a mistake is made, it must be evident and unambiguous; otherwise, it could lead to misinterpretation of the document's intent.

• The discussion includes how errors should be corrected clearly at the bottom of the document to maintain formalities and ensure all parties understand the changes.

Correcting Errors in Legal Documents

• Paul discusses what happens after completing a document: signatures are required from all parties involved to validate any corrections made during drafting.

• He notes that if an individual's status changes (e.g., from married to single), this must be documented correctly and clearly within the text.

• The placement of additional information (like marital history) must follow logical order; it cannot be arbitrarily inserted anywhere in the document.

• If more space is needed for explanations or details, one can continue writing between lines but must do so systematically for clarity.

• Paul highlights potential issues with non-sequential documentation times, emphasizing that while chronological order isn't strictly enforced by law, consistency is key.

Understanding Anomalies and Corrections

• He stresses that understanding these principles extends beyond just writing; they apply equally to judicial sentences where clarity is paramount.

• The complexity increases when multiple amendments are necessary; each change must be communicated effectively without causing confusion about prior statements.

• Paul reiterates that every correction should signal how one wishes their intentions to be interpreted legally—this ensures transparency and reduces future disputes over interpretations.

• A specific example illustrates how improper corrections can complicate matters further down the line, reinforcing best practices for legal documentation.

Understanding Legal Document Corrections

The Importance of Accurate Documentation

• The speaker emphasizes the significance of knowing how to make corrections in legal documents, suggesting that it adds value and clarity.

• A specific example is given regarding the citation of certificates, highlighting the need for precise notation to avoid confusion.

• The concept of "enmendadura" (correction) is introduced, explaining its technical meaning and application in legal contexts.

Practical Challenges in Document Correction

• The speaker discusses practical scenarios where corrections may be necessary, noting that circumstances can vary significantly.

• Emphasizes that understanding theoretical principles is crucial but real-world applications often present unique challenges.

• Highlights the anxiety that can arise when there’s insufficient space for necessary corrections during important transactions.

Legal Framework Governing Corrections

• Once a notary authorizes a document, no further alterations are permitted; this underscores the importance of accuracy before signing.

• Discusses human error in documentation and stresses the need for meticulous attention to detail to prevent issues post-signing.

Addressing Errors and Validity Concerns

• The speaker reflects on common mistakes made during documentation processes and their potential implications on validity.

• Stresses public concern over errors in legal documents, indicating that people often seek reassurance about their correctness.

Relevant Legal Articles on Document Integrity

• Article 294 outlines conditions under which public instruments lack validity due to unaddressed alterations or errors prior to signing.

• Article 305 specifies requirements for documenting amendments, emphasizing they must be handwritten before finalization.

Understanding Legal Instruments and Notarial Acts

Conversion of Legal Instruments

• The concept of "conversion" is introduced, where a legal instrument can transform from one type to another. A public instrument may serve as a private one if signed by the parties involved.

• This transformation is termed "instrumental conversion," highlighting that a public document can function as a private one under certain conditions.

Public Faith and Notarial Authority

• The importance of public faith in notarial acts is emphasized, indicating that what the notary observes and records holds significant weight unless proven otherwise.

• Article 27 discusses how witnesses and notaries cannot contradict the contents of public instruments, reinforcing the reliability of their statements.

Distinction Between Acts and Documents

• The discussion transitions to the difference between "acts" and "documents," particularly focusing on public writing versus other forms.

• The term "acta" (acts) is defined, with an emphasis on their role in documenting legal actions rather than merely serving as written records.

Regulatory Framework for Notarial Acts

• The codification process considers public writing as foundational for legal transactions but overlooks informal contracts prevalent in various provinces.

• In Santa Fe province, a registry for interventions exists to manage all notarial acts according to specific articles within the law.

Clarifying Notarial Objects

• A distinction is made between legal acts (jurídicos) and factual events (hechos), clarifying that notarized documents must reflect these differences accurately.

• Article 310 defines "actas" as documents aimed at verifying facts, emphasizing their significance in legal documentation processes.

Formal Requirements for Notarial Documentation

• There’s an ongoing concern about misusing terminology regarding formalities in notarial acts; clarity is needed on what constitutes proper documentation.

• Both types of documents—public writings and acts—must adhere to formal requirements outlined in relevant articles, ensuring consistency across all notarial practices.

Preservation of Notarial Records

• The article highlights the necessity for maintaining original instruments (matriz), which are crucial for upholding the integrity of notarial records over time.

Understanding the Role of Notarial Protocols

Importance of Testimonies in Legal Processes

• The speaker emphasizes the significance of testimonies, which are registered to provide proof of rights and ensure enforceability across various contexts.

• A scenario is presented where an individual lost their registered testimony after a public auction, highlighting the importance of having a backup protocol for retrieving such documents.

Functionality and Reliability of Notarial Protocols

• The discussion touches on the reliability of notarial protocols, which serve as a safeguard against document loss or falsification. They can be verified through signature analysis if needed.

• The concept of "Registro de Intervenciones" (Registry of Interventions) is introduced as a solution implemented in Santa Fe province to manage less significant legal acts.

Legislative Framework Governing Notarial Acts

• Reference is made to specific articles in notary law that outline the requirements for authorizing acts, including certification and documentation processes.

• The speaker explains how certain acts were previously unregulated but have now been addressed by creating registries that facilitate these functions.

Distinction Between Different Types of Legal Documents

• There’s clarification on the distinction between major and minor legal acts within notarial practice, with emphasis on how each type requires different levels of documentation.

• Article 10 outlines various powers granted under regulations, including certifying signatures and maintaining records related to interventions.

Clarification on Public Instruments and Their Validity

• The speaker discusses how public instruments must adhere to formalities outlined in legislation, ensuring they are recognized legally.

• It is noted that while other officials may perform similar functions, only authorized personnel can execute public deeds effectively.

Conclusion: Understanding Notarial Practices

• The conversation concludes with insights into how current laws allow for documenting events formally through written records or acts, emphasizing their necessity in legal transactions.

Consular Powers and Legal Documentation

Overview of Consular Authority

• Cónsules are authorized to grant powers of attorney, which simplifies legal processes for individuals abroad, eliminating the need for translation or legalization.

• Many people are advised to visit their consulate for assistance, highlighting the practical benefits of consular services in legal matters.

Testamentary Provisions

• The discussion includes Article 2646 regarding consular wills, emphasizing that public deeds related to property sales by Argentinians abroad no longer require notarization.

• In cases of a consular will, the head of the consulate must send a copy to the Ministry of Interior in Argentina for proper incorporation into local protocols.

Legal Validity and Public Faith

• The concept of "fe pública" (public faith) is introduced, indicating that while testimonies have derivative public faith, it is ultimately the original document (matriz) that holds value.

• It is clarified that understanding these distinctions is crucial as they pertain to legal documentation and its acceptance.

Protocol Formation and Regulations

• The protocol's formation involves using numbered folios each year; this structure ensures compliance with local laws governing documentation.

• There’s an emphasis on how local regulations dictate the characteristics and management of these folios within legal frameworks.

Historical Context and Philosophical Considerations

• A historical perspective reveals that writing practices stem from Spanish law dating back to 1862, influencing current protocols in various jurisdictions.

• The notion of whether a protocol exists before or after documentation raises philosophical questions about its nature and significance in legal contexts.

Chronological Order in Documentation

• An important article (1085), previously stating all documents must follow chronological order, has been removed; this change impacts how records are maintained.

• Current discussions highlight challenges in maintaining orderly documentation despite changes in legislation affecting traditional practices.

Distinctions Between Document Types

• Clarification on what constitutes valid documents under judicial orders versus those added to protocols without such orders emphasizes procedural differences.

Understanding Judicial Protocolization

The Role of Judicial Orders in Document Publicity

• Discussion on the removal of Article 984, which stated that a private instrument ordered to be protocolized by a judge acquires public characteristics due to judicial verification.

• Emphasis on the need for documentation to have some form of constancy, as opposed to being merely pasted into a book without proper protocol.

• Clarification that while there are techniques for adding documents, it is not strictly mandated and can lead to complications if not properly managed.

Importance of Title Studies

• Mention of how title studies relate to the overall process and importance of maintaining accurate records within protocols.

• Explanation that protocols must include all documents added, with specific mention of subsequent foliation and organization requirements.

Changes in Legal Framework

• Reference to outdated commentary on Article 671 from Santa Fe's procedural code, highlighting its obsolescence since 1935 but noting the continued relevance of its concepts.

• Discussion about public instruments and their required judicial involvement during legal processes.

Documentation Requirements

• Insight into how additional documents (habilitantes) can support claims made in legal contexts, enhancing the self-sufficiency of written agreements.

• Mentioning cases where private requests for judicial protocolization transform documents into public instruments through verification by judges.

Current Legal Interpretations

• Overview of current practices regarding holographic wills requiring judicial protocolization and other legal instruments needing validation before becoming effective.

• Examination of challenges faced when dealing with real estate transactions involving legalized public instruments under current laws.

Doctrinal Discussions

• Debate among legal professionals regarding whether certain documents must be protocolized or if they can simply be registered based on existing laws.

• Commentary on traditional views versus modern interpretations concerning document registration and title studies within Argentine law.

Conclusion: The Nature of Protocol Documents

• Final thoughts emphasize that protocols consist not only of authorized pages but also include various attached documents relevant to each case.

Class on Completing Registral Certificates

Introduction to the Class

• The instructor introduces herself and mentions that she will be replacing another teacher for the day.

• Attendance is taken, with students present both physically and digitally.

• The class will focus on practical aspects of completing registral certificates according to national and provincial laws.

Overview of National Law Articles

• The discussion begins with a review of Articles 23, 24, and 25 of the national law concerning registral certificates.

• Emphasis is placed on understanding these articles as foundational knowledge before moving into practical applications.

Key Points from Article 23

• Article 23 states that no notary or official can authorize documents related to real estate without having the original title in hand.

• It’s crucial to have physical copies rather than relying solely on digital formats like WhatsApp photos or PDFs; this ensures validity during transactions.

Importance of Certificates

• The distinction between certificates and reports is clarified: certificates are necessary for blocking domain transfers while reports do not provide this function.

• Notaries may also need certificates for various legal processes such as divorces, property adjudications after successions, and auction acts.

Validity Period of Certificates

• Article 24 outlines the validity periods for certificates: they are valid for either 15, 25, or 30 days from issuance.

• Priority rules are discussed regarding competing documents submitted at the same time; generally, certificates take precedence over other types of submissions.

Understanding Priority in Legal Documentation

The Importance of Certificates and Their Priority

• The discussion begins with the significance of certificates, emphasizing that they hold priority from the moment they are issued, regardless of the time (e.g., 7:15 or 12:15).

• It is noted that if there are conflicting documents or judicial orders regarding the same property, the certificate's priority remains intact due to its legal fiction starting at midnight.

• The speaker explains that if a certificate is not utilized for a transaction (like a sale), it may affect subsequent actions taken within legal timeframes.

Timeframes for Validity and Registration

• Two critical timeframes are highlighted: one for executing the act (the transaction) and another 45 days to register the document.

• After fulfilling both time limits, the validity of the deed is established from both when it was executed and when it was registered.

• The first testimony of a deed serves as an original document; if lost, parties can request copies from either the notary or archives.

Handling Original Documents

• Emphasis is placed on always obtaining original documents rather than copies (PDF or photos), as signing without originals violates legal requirements.

• Participants must ensure all certificates are clear of any encumbrances before signing; this includes checking for any restrictions on ownership.

Structure of Certificates

• A detailed breakdown of certificates reveals three essential parts: domain, encumbrances, and inhibitions. Each part plays a crucial role in confirming property status.

• Participants receive physical copies to practice with; these include three sheets detailing different aspects related to property certification.

Practical Application and Exercises

• Attendees are encouraged to scan their documents while practicing with real-life examples to enhance understanding.

• The importance of familiarizing oneself with various types of deeds is stressed; participants should seek out different formats for practice purposes.

Understanding the Role of Notaries in Property Transactions

Entry Procedures for Notaries

• Notaries can access the office at any time without waiting in line, facilitating a smoother process for document handling.

• When withdrawing documents from the exit desk, notaries must specify the act and amount related to the transaction they are processing.

Handling Transaction Amounts

• It is not mandatory to include the transaction amount due to potential fluctuations in property values, especially given economic uncertainties.

• The term "disorganized" is avoided by notaries; they aim for clarity and accuracy in documentation despite possible changes in transaction amounts.

Special Cases: Donations and Larger Areas

• In cases like donations where no monetary value is involved, specific fields may remain blank on official documents.

• For larger areas being subdivided (e.g., land development), additional details may be required but typically these sections remain empty unless specified otherwise.

Municipal Regulations on Lot Sizes

• Each municipality has minimum size requirements for lots that can be sold; this varies significantly based on local regulations.

• Understanding local definitions of "greater area" is crucial as it influences how properties are subdivided and sold.

Documentation Process for Property Sales

• Notaries will receive detailed plans from surveyors that outline subdivisions and ensure compliance with municipal standards before proceeding with sales.

• The initial steps involve reviewing existing deeds to confirm ownership details before drafting new sale agreements.

Inscription Data Requirements

• During transactions, notaries must accurately fill out inscription data based on previous ownership records found within existing deeds.

• Distinctions between common property and horizontal property need to be clearly marked during documentation processes.

Importance of Accurate Descriptions

• Detailed descriptions of properties must align with legal definitions provided in prior documents to avoid discrepancies during registration.

• The presence of proper seals from registries confirms legitimacy; understanding different systems (like PH vs. traditional registry methods) is essential for accurate record keeping.

Understanding Property Horizontal (PH) and Registration

Concept of Property Horizontal (PH)

• The discussion begins with the concept of dividing property into horizontal ownership, emphasizing that PH should not be solely associated with buildings.

• Clarification is made regarding the registration format; PH is indicated in the property description but may not appear in all documents.

Registration Details

• The speaker highlights two options for writing a property deed: using the registration number or filling out multiple fields for "tomo" and "folio."

• An example illustrates how one can acquire full ownership through successive purchases from siblings, leading to different registrations over time.

Unique Registration Numbers

• It is explained that while one can own 100% of a property, it may be recorded under various "tomo" and "folio" entries due to different acquisition methods.

• The importance of unique registration numbers is emphasized; each property has a single matrícula that encapsulates its entire history.

Transition from Tomo Folio to Matrícula

• A transition from "tomo folio" to matrícula is discussed, where historical records are consolidated into a modernized system.

• The speaker notes that regardless of how ownership was acquired (purchase or donation), what matters are the registration notes for this course's context.

Investigating Ownership History

• When dealing with properties, it's crucial to verify all certificates related to current owners rather than past transactions.

• The speaker reiterates that even if there were previous registrations under "tomo folio," only the current matrícula needs verification for legal purposes.

Understanding Multiple Entries in Registrations

• There might be instances where multiple entries exist due to various acquisitions over time; however, they will still link back to a single matrícula.

• Each entry represents an act related to ownership changes, which must be understood when conducting title studies.

Practical Implications of Property Registration

• The discussion concludes by stressing practical aspects: understanding how different titles contribute towards establishing complete ownership.

• A visual representation of how multiple acts are recorded within a single matrícula helps clarify complex ownership histories.

Property Title and Registration Process

Understanding Property Descriptions in Titles

• Each property will have the same description across three titles, even if they represent different portions of ownership.

• In typical cases, a single folio is used for 100% ownership; however, multiple entries are necessary when dealing with fractional ownership.

• The registration process involves completing specific sections regarding the property's location, including district and street details.

Completing Property Information

• It's essential to accurately fill out the property zone as urban, suburban, or rural based on information from municipal tax documents.

• Always request municipal tax documents to confirm whether the property is classified as urban or suburban; this information must be reflected in the title.

Distinguishing Property Types

• For common properties like houses (not part of a horizontal property regime), complete larger sections detailing lot size and other specifications.

• When dealing with horizontal properties (PH), focus on specific data such as unit number, parcel details, and exclusive/common surface areas.

Identifying Ownership Details

• The title should clearly list all owners' names along with their identification numbers; this ensures accurate verification against public records.

• It’s crucial to identify who holds ownership rights by examining previous transactions documented in the title.

Recording Transactional Information

• When documenting sales, include full names and identification numbers of sellers alongside their respective shares in the property.

• Ensure that you understand how fractional ownership works; it may involve purchasing parts from multiple sellers to achieve full ownership.

Finalizing Documentation

• Include your own details as the requester at the end of documentation; ensure all forms are signed and sealed appropriately.

Understanding Document Completion and Corrections

Importance of Accurate Signatures and Seals

• The speaker emphasizes the necessity of proper signatures and seals on documents, highlighting that they must be official with registration.

• It is noted that if there isn't enough space for descriptions, one should continue on an annexed page to ensure clarity in lengthy property descriptions.

Completing Property Descriptions

• When filling out forms, certain sections are designated for exclusive use by the registry; these should remain untouched by the individual completing the form.

• The process has shifted from manual completion to digital formats, allowing for easier corrections before printing.

Handling Corrections Efficiently

• If a mistake is identified after printing (e.g., a misspelled name), it can be corrected quickly using a handwritten amendment alongside an official seal.

• The speaker discusses how gravamen information will be provided in a similar manner as ownership details, ensuring consistency across documentation.

Inhibitions and Additional Requirements

• Inhibitions must be filled out per individual involved; if more than three people are selling jointly, additional pages may need to be added.

• Each participant's data must be accurately recorded to reflect their share in the transaction.

Clarifying Legal Representation

• Special attention is drawn to identifying whether individuals are acting as representatives or if they hold direct ownership rights; this affects how forms are completed.

• It's crucial not to fabricate information when details are missing; instead, indicate "not available" where necessary.

Final Steps in Documentation Process

• The importance of verifying that sellers have no legal restrictions preventing them from selling their property is reiterated.

Property Transaction Process Overview

Initial Steps in Property Transactions

• The discussion begins with instructions on how to handle property cases, emphasizing the importance of thoroughness and attention to detail.

• Marcelo Sánchez is introduced as a seller, indicating that the transaction involves a purchase agreement. The focus shifts to understanding property rights and documentation.

• Emphasis is placed on reviewing domain notes for title studies, particularly the last note of registration which indicates ownership history.

Detailed Examination of Property Description

• The speaker outlines how to locate essential details about the property, including its description and location within legal documents.

• Specific instructions are given on filling out forms related to the property's address, ensuring accuracy in unit identification (e.g., Unit 6, Parcel 0202).

Clarifying Ownership Details

• Instructions continue regarding how to document ownership accurately; it’s recommended to use both numbers and letters for clarity.

• The speaker discusses common practices in documenting property descriptions, highlighting the importance of consistency in using numerical or written formats.

Understanding Property Specifications

• A detailed breakdown of property specifications is provided, including exclusive areas versus common areas within a building.

• If specific details like floor number are missing from documentation, options such as contacting sellers or checking official plans are suggested.

Documenting Ownership Information

• Clear guidelines are provided for recording owner information; each owner should be listed individually with their respective shares clearly stated.

• It’s emphasized that regardless of ownership proportions among siblings or partners, each must be documented distinctly for legal clarity.

Finalizing Documentation Procedures

• Instructions conclude with steps for completing personal information sections on legal documents and ensuring all necessary signatures and seals are included.

• The process includes verifying any encumbrances or liens against the property before finalizing transactions.

Understanding Property Documentation

Importance of Documentation in Property Transactions

• The speaker emphasizes the necessity of having all relevant documentation available for property transactions, including protocols and certificates.

• If there are any doubts regarding signatures or conditions (e.g., illness), one can refer back to the file to verify details.

• The importance of thoroughness is highlighted; if uncertainties arise, checking the archive is crucial for clarity.

Marital Status and Its Implications

• A case study involving a buyer named Sánchez illustrates how marital status affects property ownership; he purchased as a single man.

• Clarification on marital status: once married, an individual cannot revert to being 'single' but may be classified as divorced or widowed.

• The speaker discusses potential scenarios where both spouses could be co-titleholders, emphasizing the need for consent in certain cases.

Ownership Types and Legal Considerations

• Distinction between personal property and family assets is made; personal assets do not require spousal consent unless they are part of the family home.

• The principle that if a property is designated as a family residence, spousal consent becomes necessary even if it was acquired before marriage.

Examining Property Descriptions

• When preparing documents for sales transactions, accuracy in describing properties is essential; mistakes can lead to complications later on.

• Emphasis on ensuring all details are correct when filling out forms related to property transactions.

Filling Out Property Transaction Forms

• Instructions provided on how to fill out transaction forms correctly, including sections like lot number and ownership details.

Understanding the Process of Property Transactions

Initial Steps in Property Transactions

• The process begins with the completion of necessary documentation, including personal identification (DNI) and signatures from all parties involved. Each notary public records their details accurately.

• It's crucial to verify if any party is legally inhibited from proceeding with the transaction. All relevant data must be filled out correctly to ensure compliance.

• During initial consultations, notaries should ask comprehensive questions about the seller's situation, such as marital status and current residence, to gather essential information for the transaction.

Understanding Property Descriptions

• Notaries need to familiarize themselves with property descriptions in legal documents. For example, understanding whether a property is a department or a PH (horizontal property).

• Visualizing property layouts through sketches can aid in comprehending complex descriptions found in legal texts. This practice helps notaries translate written descriptions into practical plans.

Handling Complex Legal Documents

• Future classes may cover more complicated types of deeds and certificates, allowing notaries to gain experience with various formats and requirements.

• Notaries will encounter diverse writing styles across different eras; thus, they must learn how to identify and adapt to these variations effectively.

Importance of Accurate Land Surveys

• Properties older than 1978 require parcel reviews before sale due to potential discrepancies in land surveys. Notaries must work closely with trusted surveyors for accurate assessments.

• If a new plan is required for an old property, it can incur significant costs. Notaries should prepare clients for this possibility during transactions.

Client Communication and Expectations

• It’s essential for notaries to communicate clearly with clients regarding potential additional costs associated with obtaining new plans or conducting parcel reviews.

Understanding the Current Real Estate Writing Process

Changes in Public Perception of Notaries

• The value of property writing has increased to one million pesos, leading to public dissatisfaction with notary services.

• People now prioritize cost over tradition; they often choose notaries based on price quotes received via WhatsApp or email rather than long-standing relationships.

• The SAE (Sistema Informático de los Escribanos) provides a standardized budget for notarial services, including fees and taxes, which helps clients understand costs better.

Pricing Structures and Responsibilities

• Notaries can adjust their fees above the suggested tabulated amounts provided by the SAE system based on individual circumstances.

• There is a discrepancy between declared values in writings and actual transaction values; notaries are responsible for the figures stated in documents regardless of external negotiations.

Understanding Property Descriptions

• A practical example involves describing a property transaction where Juan sells land to Pedro, emphasizing the importance of accurate location details.

• The speaker illustrates how to visualize property boundaries using diagrams, stressing that understanding local geography is crucial for accurate descriptions.

Navigating Property Boundaries

• The discussion includes determining property locations relative to streets like España, Tucumán, and Urquiza, highlighting how street orientation affects property descriptions.

• Accurate measurements from reference points (like distances from intersections) are essential for defining properties correctly within legal documents.

Finalizing Property Documentation

Understanding Property Descriptions and Location

Importance of Accurate Location Description

• The speaker emphasizes the necessity of accurately locating properties based on descriptions, indicating that understanding street names is crucial for this process.

• A specific example is provided: a property located in Rosario, between Tucumán and Urquiza streets, with precise measurements given (10.39m front by 48.9m depth).

• The discussion highlights how to determine the property's orientation (west or east front), which affects its representation on a map.

Navigating Property Boundaries

• The importance of identifying whether the property faces west or east is reiterated, as it influences how one draws the property within its block.

• The speaker explains that knowing the distance from corners helps in accurately placing properties on maps; distances can vary depending on reference points.

Practical Application of Property Descriptions

• An exercise is proposed where students must reverse-engineer a property description into a visual representation, reinforcing their understanding of spatial relationships.

• Students are encouraged to include all necessary details in their descriptions to ensure accurate mapping and avoid confusion.

Understanding Neighbors and Boundaries

• The concept of "linderos" (neighbors) is introduced; each property will have adjacent neighbors that need to be identified correctly in descriptions.

• Specific examples are given regarding neighboring properties, illustrating how boundaries may overlap or be shared among multiple owners.

Conclusion and Future Learning Goals

• The speaker expresses a desire for students to practice creating both textual descriptions and visual representations from plans, emphasizing practical skills over theoretical knowledge.

Understanding the Impact of Climate Change

Introduction to Climate Change

• The speaker introduces climate change as a pressing global issue, emphasizing its widespread effects on ecosystems and human societies.

• A brief overview of the scientific consensus regarding climate change is presented, highlighting the role of greenhouse gases in global warming.

• The importance of addressing climate change through international cooperation and policy changes is underscored.

Effects on Ecosystems

• Discussion on how rising temperatures are affecting biodiversity, with specific examples of species at risk due to habitat loss.

• The impact of climate change on oceanic systems, including coral bleaching and shifts in marine life distribution.

• Mention of altered weather patterns leading to increased frequency and severity of natural disasters.

Human Implications

• Examination of how climate change affects food security, particularly in vulnerable regions reliant on agriculture.

• Insights into health risks associated with climate change, such as heat-related illnesses and respiratory issues from pollution.

• Discussion about economic impacts, including job losses in traditional industries and the need for green jobs.

Mitigation Strategies

• Overview of renewable energy sources as viable alternatives to fossil fuels for reducing carbon emissions.

• Emphasis on the role of individual actions alongside governmental policies in combating climate change effectively.

• Call for innovation in technology to enhance sustainability practices across various sectors.

Conclusion: A Collective Responsibility

• The speaker concludes by stressing that tackling climate change requires collective action from individuals, communities, governments, and organizations worldwide.