Escribanía - 26/04 - Parte 1

Opening and Session Management

Initial Setup

• The session is opened to ensure recording, with the speaker planning to assign co-administrator rights for better management.

• Confirmation of Miguel's entry into the session is noted.

Technical Adjustments

• Acknowledgment of technical issues regarding camera adjustments.

• The speaker confirms that they have set up recording and will share the link for students to access later.

Class Commencement

Attendance and Participation

• The speaker greets participants, encouraging those who can connect visually to do so.

• Discussion on preferences for in-person classes over virtual ones due to connectivity issues.

Managing Participants

• The speaker addresses difficulties in managing participant visibility during the session.

• Acknowledgment of a young participant joining the class.

Roll Call and Engagement

Taking Attendance

• The speaker begins taking attendance, confirming presence from various students.

• Notable mentions include several students present while others are absent or delayed.

Addressing Connectivity Issues

• Confusion arises regarding multiple connections from one student named Julieta, highlighting common virtual class challenges.

Introduction to Notarial Functions

Understanding Notaries

• Inquiry about students' understanding of a notary's role; emphasis on their function in certifying signatures and providing legal advice.

Overview of Notarial Types

Understanding the Role of Notaries

Initial Meeting and Interpretation

• The notary's role begins with interpreting the intentions of the parties involved in a legal transaction, ensuring their wishes align with legal standards.

• Clients often lack precise legal terminology; thus, the notary must translate their ideas into appropriate legal concepts to facilitate understanding.

• An example illustrates this challenge: a client confused between "catastro" (cadastre) and "catafalco" (catafalque), highlighting common misunderstandings in legal language.

Complexity of Legal Transactions

• Clients may express desires inaccurately; for instance, a father wanting to reserve rights for his children might incorrectly state he wants to create a usufruct.

• The complexity increases significantly when dealing with long-term agreements, such as transferring property for future construction projects, which require careful protection of interests over several years.

Functions of the Notary

• After advising clients, the next step involves drafting a public act that formalizes their agreement. This act is crucial for establishing legal validity.

• The public nature of these acts means they carry presumption of authenticity and are generally indisputable unless proven otherwise through complex procedures.

Certainty and Stability in Legal Relations

• A key function of notarization is providing certainty and stability in private relationships by ensuring that transactions are legally recognized without needing constant proof.

• This system sacrifices some aspects of justice to achieve security; it relies on presumptions about individuals' capabilities rather than assessing each case individually.

Presumptions in Notarial Acts

• The law operates on presumptions regarding individuals' competence, which can lead to situations where less capable individuals are treated as fully competent under the law.

Understanding Notarial Functions

The Role of the Notary and Custody Function

• The speaker discusses the need to explain the notarial system, emphasizing that many may not be familiar with how it operates throughout their studies.

• A matrix is defined as the original document from which authentic copies (testimonios) are derived, which hold the same legal weight as the original.

• The speaker acknowledges that while some may already understand these concepts, it's important to clarify them for those who might take them for granted.

• Confusion arises between the terms "matrix" and "testimonio," highlighting that people often refer to testimonios as escritura (writing).

• In Santa Fe, notaries must keep protocols in custody for two years before transferring them to an archive, ensuring long-term preservation.

Digital Era Challenges

• The transition into a digital age presents challenges; originals must remain intact over time despite technological changes.

• If a testimonio proving property ownership is lost, one can retrieve a copy from the archives to validate ownership again.

• Emphasis on maintaining original documents is crucial for confirming legal acts and preventing disputes regarding property rights.

Differences in Mentality: Notary vs. Lawyer

• There exists a distinct mentality between notaries and lawyers; notaries focus on creating enduring documents while lawyers prioritize resolving immediate client issues.

• A good notary anticipates future needs by ensuring documents are indisputable and durable over time, contrasting with lawyers' more reactive approach.

Historical Context of Notarial Functions

• Historically, notarial functions were intertwined with judicial roles; this has evolved but still influences current practices in various countries.

Digital Preservation Concerns

• The speaker expresses concern about digital permanence due to rapid obsolescence of data storage formats like CDs and DVDs.

• Many individuals struggle with accessing older digital formats, raising questions about how information will be preserved in future generations.

Respecting Public Instruments

• There’s a noted lack of respect for public instruments such as legal files or records among some professionals, leading to potential issues in documentation integrity.

Understanding the Latin Notary System

The Importance of Custody and Documentation

• The speaker discusses issues related to custody of documents, highlighting that access to important files can be lost over time, as seen in a case where a daughter could not find her deceased father's records.

• Emphasizes the value of historical documentation, stating that even after many years (e.g., 120 or 200 years), original deeds can still be verified.

Structure and Organization of the Latin Notary System

• The speaker expresses pride in the Latin notarial system, describing it as unparalleled and emphasizing its organizational structure at both provincial and national levels.

• Each province has its own college of notaries, which is part of the Federal Council of Argentine Notariat, facilitating collaboration among provinces.

International Collaboration in Notarial Practices

• Mentions the International Union of Latin Notariat founded in Argentina in 1948, which aims to unify procedures and simplify international transactions.

• Highlights that this union operates similarly to other international organizations like UNESCO, with an executive body and legislative framework.

Global Adoption of the Latin Notary System

• Notes that countries such as Japan have adopted the Latin notarial system despite their unique legal traditions; around 90 to 120 countries are involved globally.

• Discusses how former communist countries transitioned from bureaucratic state systems to adopting the Latin notarial model after studying various options.

Comparison with Anglo-Saxon Legal Systems

• Explains that "Latin" refers back to Roman law influences on modern legal systems; contrasts this with Anglo-Saxon law's reliance on customs rather than codification.

• Critiques Anglo-Saxon law as primitive due to its lack of formal codification compared to more structured systems like those found in Latin jurisdictions.

Contractual Differences Between Systems

• Observes cultural penetration through contract practices; notes how multinational companies increasingly adopt Anglo-Saxon contract styles which require detailed explanations within contracts.

Understanding Notarial Functions and Legal Systems

The Role of Notaries in Different Legal Systems

• The speaker discusses the limited public faith associated with notaries in certain countries, contrasting this with the role of notaries in Argentina, where they have more authority.

• A distinction is made between the functions of a notary and other legal professionals; for instance, a notary primarily certifies signatures without extensive legal training.

• In Argentina, a signature certified by a notary is presumed valid until proven otherwise, highlighting the strength of notarial acts compared to their counterparts in the U.S., where such certification does not carry the same weight.

• The judge's discretion in evaluating notarized documents in the U.S. contrasts sharply with Argentine law, where notarization provides automatic validity unless challenged.

Economic Implications of Notarial Systems

• The speaker critiques the imposition of Anglo-Saxon legal systems globally, arguing that it prioritizes economic gain over other considerations and diminishes traditional Latin notarial practices.

• This critique reflects broader themes of liberalism and its impact on contractual relationships within different jurisdictions.

Historical Context of Notarial Functions

• A discussion arises about how historical developments shaped current notarial roles; specifically, how societal needs led to the establishment of these positions rather than formal legislation.

• The evolution from ancient Roman practices illustrates how social necessity drove changes in legal frameworks over centuries.

Understanding Property Contracts Through History

• An example is provided regarding property contracts and mortgages; historically, securing loans involved transferring possession rather than ownership rights.

• This historical perspective emphasizes how contract forms evolved to meet societal needs while maintaining control over assets.

Challenges in Proving Ownership Historically

• The speaker explains early methods used to prove ownership before formal documentation existed; community witnesses played a crucial role in validating transactions.

• These primitive systems highlight challenges faced by individuals trying to establish ownership rights without written records or formalized processes.

History and Evolution of Notarial Functions

The Role of Notaries in Property Ownership

• The act of swearing in court serves as a means to establish property ownership, highlighting the evolving role of notaries.

• Historical references indicate that notaries have existed since ancient times, with functions similar to modern practices despite technological limitations like the absence of printing.

Influence of Roman Law

• Discussion on the Justinian Code from the Eastern Roman Empire around 500 AD illustrates how legal frameworks evolved post-Rome's fall.

• England's brief encounter with Roman influence led to distinct legal developments, particularly regarding colonization and its impact on American law.

Divergence in Legal Systems

• The evolution of Latin law versus barbarian law is discussed, emphasizing differences between European and Anglo-American legal systems.

• International organizations like the World Bank have critiqued Latin legal systems for being costly, influencing perceptions about their efficiency.

Critique of Global Legal Standards

• Reference to a document by the World Bank titled "Doing Business" which critiques Latin American legal frameworks as expensive compared to others.

• An article by Marcelo Miranda is recommended for further reading; it discusses notarial roles amidst global economic pressures.

Importance of Notarial Integrity

• The necessity for impartiality in notarial actions is emphasized; unlike Anglo-American systems where multiple professionals may be involved, Latin systems rely on a single professional for stability and certainty.

Real Estate Contracts and Title Insurance

The Complexity of Real Estate Ownership

• Discussion centers on the challenges of fulfilling real estate contracts, particularly regarding ownership rights once a deed is obtained.

• Highlights the role of title insurance in the U.S., mandated to protect buyers from potential risks associated with property ownership.

• Critiques the notion that title insurance is unnecessary; emphasizes that professional fees are still required for proper transactions.

Emotional Value vs. Financial Compensation

• Reflects on the emotional attachment people have to their homes, contrasting it with mere financial compensation when properties are lost.

• Stresses that receiving monetary indemnification cannot replace the personal value tied to one's home.

Costs Associated with Property Transactions

• Discusses misconceptions about high costs related to property deeds, attributing them largely to excessive state-imposed taxes rather than notarial fees.

• Argues that these exorbitant taxes create a misleading perception of transaction costs in real estate dealings.

Title Insurance System in Argentina

• Explains how title insurance companies attempted to establish their system in Argentina but found little risk due to low instances of property disputes.

• Notes that local studies indicated there was no significant market for title insurance because properties were generally secure.

Educational Reflections and Personal Experiences

• Shares personal anecdotes about educational experiences and discussions around logic, emphasizing its importance in critical thinking.

• Compares past educational systems with current ones, noting differences in curriculum focus and intellectual engagement among students.

Transcript Summary Issues with Administrative Processes

Challenges in Processing Applications

• The speaker discusses difficulties faced when initiating a process, highlighting that the file could not be opened due to a similar case, but they were not informed about which specific application was affected.

• They express frustration over multiple pending applications, noting that while the system shows all applications as "in progress," it lacks clarity on their individual statuses.

• A call to a support line yielded limited information; the representative could only confirm one application's status without identifying which of two initiated processes was being referenced.

Communication and Technological Failures

• The speaker mentions sending an email for clarification but received an automated response, indicating significant technological shortcomings in communication.

• They propose creating a shared email or WhatsApp group among colleagues to facilitate better communication regarding administrative issues.

Collaboration and Information Sharing

• The speaker suggests establishing a WhatsApp group for easier coordination and sharing of information among peers, emphasizing the importance of having direct contact numbers for urgent matters.

• They recount past experiences where phone communication helped resolve internet issues during classes, advocating for maintaining open lines of communication.

Accessing Course Materials

• The speaker shares their email address for further communications and raises concerns about missing bibliographic materials from their instructor.

• There is mention of difficulties accessing course materials online; some professors are unable to enter the designated platform where resources should be available.

Resource Availability and Technological Adaptation

• The discussion touches on ensuring that necessary files are uploaded correctly to avoid future access issues.

Discussion on Educational Resources and Notarial History

Accessing Educational Materials

• The speaker discusses the difficulty in accessing educational materials, mentioning that resources were selling quickly and expressing regret over not having photocopied necessary documents.

• A mention of challenges faced when trying to access virtual classrooms, highlighting a common issue among students regarding online learning platforms.

• The speaker reflects on past communications with students about sharing materials via email, indicating a proactive approach to education despite technical difficulties.

Insights into Notarial Practices

• The speaker emphasizes the importance of interest in specific topics, particularly referencing Mario's contributions to notarial practices and how they will be covered comprehensively in upcoming discussions.

• A recommendation is made for a book related to notarial cases from 1982, suggesting it contains valuable insights into practical legal issues.

Historical Context of Notaries

• Discussion shifts to the historical role of notaries, tracing their origins back to ancient civilizations like Egypt and Hebrew scribes before formal writing systems existed.

• The evolution of record keeping is highlighted, noting that as agriculture developed and societies became more structured, the need for documentation arose.

Development of Notarial Functions

• The emergence of early forms of writing led to the creation of roles similar to modern notaries who documented transactions and agreements during the Roman Empire.

Historical Evolution of Notarial Functions

The Concept of Public Confecta

• The term "public confecta" refers to a document that, unlike modern times, lacked universal enforceability and authenticity.

• This document's validity was established through the notary's acknowledgment in court, eliminating the need for witness testimonies.

• The notary's confession regarding the document's creation resolved disputes about its existence, marking an early form of contract validation.

Development During Justinian’s Era

• The role of the notary evolved significantly during Justinian’s reign (527-566 AD), where regulations began to formalize their functions.

• By this period, distinctions between notaries and other legal roles became clearer, with specific duties outlined for notaries and their employees.

Influence of the Renaissance on Notarial Practices

• The Renaissance revived interest in classical texts and practices; monks transcribed ancient documents which influenced modern notarial systems.

• Rolandino da Bologna emerged as a key figure in this evolution by authoring "ars notariae," elevating notarization to an art form akin to craftsmanship.

Transition to Modern States

• Following the Renaissance, modern states began forming amidst feudalism's decline, often under strong monarchies that required efficient tax collection methods.

• Monarchies sold official positions like notaries as a means to generate revenue; this practice led to hereditary positions within the profession.

Challenges Faced by Notaries

• Selling notarized positions resulted in widespread disrepute for the profession due to potential incompetence from unqualified individuals holding these roles.

The Evolution of Notaries and Their Role in Society

The Decline of Notary Sales

• The decline in the sale of notarial services is attributed to increased tax collectors, particularly affecting the role of notaries who are expected to uphold truth and impartiality.

Historical Context of Notaries

• There were numerous jokes and anecdotes about notaries who prioritized profit over their duties, highlighting a shift from being state officials to more self-serving roles.

• In ancient Rome, scribes began functioning as professional artisans, leading to a transformation in their societal perception and responsibilities.

Impact of the French Revolution

• The French Revolution abolished nobility privileges, establishing equality among citizens while maintaining specific prerogatives for public officials.

• Public officials gained responsibilities alongside their privileges; they could no longer act with impunity regarding their actions.

Legal Framework for Notaries

• Legislation from 1803 regulated notarial functions in France, designating them as public officials responsible for their actions.

• Napoleon's influence spread these ideas across Europe, leading to laws like Spain's 1862 legislation that recognized notaries as public officials.

Nature and Responsibilities of Notaries

• A debate exists on whether notaries are primarily public officials or legal professionals, with eclectic theories suggesting a blend of both roles.

• The historical context shows that after a decline in social standing post-Revolution, the profession was elevated again by granting it official status while ensuring accountability.

Conclusion and Future Discussions

• The session concludes with an acknowledgment that understanding history is crucial for grasping current legal frameworks related to notarization.

How to Manage Host Settings in a Virtual Meeting?

Understanding Host Features

• Discussion on how to manage host settings, indicating that it might be automatic and can be accessed through the three dots next to a participant's name.

• Clarification on accessing host features by hovering over the camera icon of a participant.

Class Attendance and Technical Issues

• Mention of class attendance with one participant arriving late; all participants are present for the session.

• A participant discusses technical difficulties due to power outages affecting their ability to join the call.

What Are Key Concepts in Publicity and Registration?

Introduction to Legal Systems

• The speaker introduces the topic of magistral systems, emphasizing interaction during the discussion.

Authors and Their Contributions

• Reference to Spanish authors whose works will guide the discussion, specifically mentioning Luis Andorno and Beatriz Ma.

Procedures in Publicity

• Explanation of two distinct procedures: one for creating documents related to legal acts and another for publicizing those acts.

Definitions from Notable Authors

• Citing López de Zavalía’s definition of registration as a declaration that differs from the act itself, highlighting its role in making legal situations known publicly.

Importance of Publicity

Legal Framework and Publicity in Property Law

Understanding Legal Situations and Cognoscibility

• The discussion revolves around legal situations, emphasizing the importance of cognoscibility, which refers to making legal statuses known to third parties. This is crucial for ensuring that interested parties are aware of their rights and obligations.

• Historically, cognoscibility was achieved through possessory publicity, lacking a formal registry system. The evolution towards a structured registration process marks significant progress in property law.

Legislative Context and National Laws

• A national law integrates with the civil code without being explicitly modified or repealed. It remains relevant as it references existing articles within the legal framework.

• Article 2 of Law 17801 highlights that publicity requires a legitimate prior interest from individuals seeking access to specific documents or information.

Requirements for Publicity

• To initiate publicity processes, there must be a legitimate prior interest established by the requesting party. This requirement ensures that only those with valid claims can seek information.

• The analysis of requests is conducted by an organization based on the nature of documents intended for registration, maintaining adherence to legal standards.

Types of Publicity: Material vs Formal

• Publicity manifests materially when documents are officially registered; this is termed "material publicity." In contrast, "formal publicity" pertains to how registries disseminate information about these entries (e.g., through certificates).

• The technique outlined in Law 17801 employs a real folio system designed to provide comprehensive information regarding property registrations while ensuring clarity for all stakeholders involved.

Current Systems in Practice

• Within the real folio system, entries are concise yet clear enough for third-party understanding. This brevity aids both registrars and external parties accessing this information.

• In Santa Fe province, two systems coexist: approximately 70% utilize chronological protocols while 30% employ electronic real folios. This dual approach reflects ongoing transitions within property registration practices.

Challenges Facing Registration Processes

• The transition towards fully adopting electronic real folios faces challenges due to staffing shortages and increased demands on personnel trained in new systems.

• Recent political decisions have exacerbated staffing issues in Rosario's registries, leading to significant delays in processing registrations amidst calls for modernization toward a complete real folio system.

Discussion on Provincial Registration Practices

Variability in Registration Across Provinces

• The speaker discusses the differences in registration practices across various provinces, noting that smaller provinces like Tucumán have achieved nearly complete registration.

• Córdoba is highlighted as a province that has made significant progress in registration, starting with Marco Juárez and expanding throughout the region.

• Historical context is provided, indicating that electronic registration began approximately 35 to 40 years ago, requiring substantial time and resources for full implementation.

Challenges in Registration Processes

• The speaker emphasizes the necessity of personnel and funding for effective registration processes, mentioning ongoing challenges due to staffing issues exacerbated by layoffs.

• The importance of notary titles is discussed; these titles must be visible during legal transactions to ensure proper authorization and compliance.

Legal Documentation Requirements

• Two essential elements are required for notarization: the registral request from the registry and the antecedent title (e.g., proof of ownership).

• Marginal notes on titles serve as legal publicity, ensuring transparency regarding property transactions such as mortgages.

Importance of Title Studies

• Conducting thorough title studies dating back 20 years is crucial to uncover any annotations or clauses that may affect property rights.

• Plans associated with properties often contain critical information about economic units, which can impose restrictions on property transfers.

Objectives of Publicity in Registrations

• The primary goal of legal publicity is to balance individual interests with collective societal interests within property law.

Discussion on Registral Law and Its Implications

Overview of Recourse in Registral Decisions

• The process for appealing decisions made by the registral authority is outlined, specifically mentioning the recourse to the first chamber of civil commercial court in Santa Fe.

Terminology and Historical Context

• The term "registral law" originates from terminology provided by the Argentine Notarial University, emphasizing its informative nature.

• Historically known as mortgage law, registral law is fundamentally based on Spanish mortgage legislation, indicating a shift beyond mere publicity.

Effects of Registral Law

• Registral law produces effects such as third-party opposability and priority based on registration numbers and dates.

• Preventive annotations serve as legal instruments that reserve priority for documents pending registration, highlighting their importance in legal processes.

Concepts of Priority and Legal Relationships

• Amoros Guardiola's perspective suggests that registral law governs the birth, modification, extinction, and efficacy of registered legal relationships rather than just documents.

• The discussion expands to include various legal instruments affecting property rights without necessarily being formal documents.

Organizational Structure of Property Registers

• Reference to provincial laws (e.g., Law 6435) illustrates how local regulations govern property registers' organization and functioning.

• Inhibitions are discussed within the context of specific sections in registral laws that dictate procedures related to property rights.

Dynamic Nature of Real Rights

• Falvo describes registral law as a discipline addressing real rights dynamically; this includes transactions like usufruct or assignment of rights.

• Emphasis is placed on how documentation impacts real estate transactions through both registration effects and broader implications.

Security in Property Transactions

• Registral law aims to provide security for buyers acquiring real estate or establishing real rights over properties.

Legal Framework and Property Registration

Importance of Protection Instruments

• The speaker discusses the necessity of a protective instrument in property transactions, highlighting that without it, one may face issues such as an embargo against the transferor.

• The National Cadastre Law is mentioned, emphasizing its role in providing clarity on property status, particularly through the issuance of a cadastral certificate.

Historical Context of Property Registration

• Reference to Spanish author R. who reiterates previous discussions on registration law and its evolution over time.

• The transition from earlier laws to current regulations is noted, with emphasis on how prior systems lacked adequate protections for property rights.

Direct Priority in Registrations

• Discussion about direct priority in registrations before Law 7801; previously, the first document submitted would be prioritized regardless of other claims.

• The concept of direct priority is further explored concerning precautionary measures and their impact upon registration.

Evolution of Registration Laws

• Scotti's definition of registration law as a set of norms regulating publicity is introduced, alongside insights from other authors like Mar Vidal regarding the dynamics between registration rights.

• Historical criticisms are presented regarding constitutional anomalies within Argentina's institutional framework related to property registration.

Legislative Changes Over Time

• Previous laws such as Law 13512 (horizontal property law) and Law 14394 (family assets law), which required certain instructions but did not alter existing structures significantly.

Understanding Legal Registrations and Their Implications

The Nature of Acquisitions and Registrations

• The discussion clarifies that certain acquisitions will not be enforceable against third parties unless registered, emphasizing the necessity of registration for enforceability rather than the establishment of real rights.

• It is noted that there were concerns about the lack of qualified officials to implement property registrations effectively, leading to reliance on judicial intervention in disputes.

Key Articles in Civil Code

• Article 1886 introduces the concept of preference in real rights, allowing holders to pursue their property against others who may have acquired rights later.

• Article 1893 addresses the non-enforceability of unregistered real rights against good faith third parties, stressing that proper registration is crucial for legal recognition.

Publicity and Its Importance

• The text highlights that without sufficient publicity—either through registration or possession—rights cannot be enforced against third parties.

• A connection is made between this requirement for publicity and Article 20 of Law 1780, which states that individuals cannot claim ignorance of a right due to lack of publicity if they participated in its formalization.

Broader Interpretations and Applications

• The relationship between Article 20 and other laws suggests a broader interpretation regarding who can assert claims based on knowledge or participation in transactions.

• This indicates a more extensive application beyond just those directly involved in an act; it includes anyone who should have been aware of existing titles.

Principles Governing Registration Activities

• The principle of authenticity within registries mandates that documents must be verified by competent authorities before being accepted into public records.

• There’s a distinction made between notarial acts requiring thorough scrutiny versus administrative documents which may not undergo as rigorous examination.

Types of Registries Discussed

Overview of Legal Registries and Their Implications

Types of Registries

• Discussion on documents related to contracts and their significance within legal registries, emphasizing the recording of events or verifications.

• Explanation of the Civil Registry, which records births and deaths, highlighting its role in documenting factual situations with legal consequences.

• Mention of food debtor registries, noting that even judicial resolutions can represent factual situations with legal implications.

Distinction Between Rights and Facts

• Introduction to registries of rights, such as notarial registries that document public instruments and deeds, reflecting modern doctrinal references to protocols.

• Clarification on the concept of titles in legal terms, distinguishing between the cause (legal act) and instrument (document).

Legal Framework for Titles

• Reference to civil code articles discussing acquisitive titles and existing laws governing these titles.

• Identification of various types of registries including notarial records, commercial public registry entries like social statutes, indicating a classification system for understanding different registries.

Classification of Registries

• Overview of a second classification system for registries: reserved vs. publicity-based registrations, explaining how some validate rights while others declare pre-existing conditions.

• Discussion on abstract registries like those in Germany, along with intellectual property registrations, providing insight into diverse registry systems globally.

Reserved Registrations Explained

• Definition and examples of reserved registrations, such as wills where only existence is recorded without content disclosure; access is limited to judicial requests or upon proof of death.

• Description of procedural requirements during succession cases involving wills; initial decrees often require verification from protocol archives regarding will existence.

Historical Context and Changes in Registration Practices

• Historical context provided about changes post-1998 regarding will registration practices; prior lack led to complications in succession cases when testaments were unknown.

• Emphasis on the obligation for notaries to inform relevant parties about registered wills while maintaining confidentiality regarding contents until necessary disclosures are made.

Legal Obligations and Responsibilities of Notaries

Understanding Notarial Duties

• The notary has an obligation to inform clients about the status of documents, which can lead to disciplinary or civil sanctions if neglected.

• Notaries must provide clients with necessary documentation, similar to how property registrations are handled, ensuring transparency in transactions.

• The law implies that notaries have a duty to inform clients about their obligations regarding document registration, although this is not explicitly stated in regulations.

Document Handling Procedures

• Upon authorizing a will, the notary delivers a copy (testimonio) to the client while retaining the original in their protocol for record-keeping.

• It is suggested that providing a copy along with confirmation from the notary about the registration could streamline processes for clients.

Registration and Information Access

• Lawyers also have legitimacy in requesting information or certifications related to wills and other legal documents from notarial archives.

• The process involves lawyers formally requesting information rather than relying on courts to issue requests directly.

Confidentiality and Access Limitations

• Notarial records are confidential; only interested parties or authorized professionals can access them under specific conditions.

• Inspectors may examine protocols as part of their duties but must adhere strictly to regulations set by relevant authorities.

Compliance and Sanctions

• Notaries are required by law to submit certain documents within two years; failure results in disciplinary actions, though enforcement appears inconsistent.

• There is variability across provinces regarding compliance with these regulations, particularly concerning reserved registries like those for self-protection.

Special Registries: Autoprotection Registry

• The autoprotection registry allows individuals to register public deeds containing directives for future circumstances when they cannot act themselves.

Understanding Autoprotection and Legal Registrations

The Concept of Autoprotection

• The speaker discusses the importance of personal autonomy in decision-making, particularly regarding medical interventions when incapacitated. They emphasize a desire not to be kept alive by machines if unable to decide for themselves.

Key Figures in Autoprotection

• Alicia Ras, president of an institute related to autoprotection, is highlighted as a key expert in this sensitive area. Her expertise is crucial for understanding the legal frameworks surrounding personal protection.

Registration Processes and Responsibilities

• The responsibility for maintaining the autoprotection registry lies with the director of the notary protocol archive, who oversees both testament registrations and autoprotection records.

• Various parties can request registration: the authorizing notary, their replacement, or even the professional college during inspections. This ensures compliance with legal standards.

Legal Implications and Court Involvement

• Individuals designated for protection must be prepared to present their case in court if necessary. This includes situations where others may attempt to impose measures contrary to their wishes.

Types of Registries: Public vs. Reserved

• The discussion touches on public registries that inform third parties about restrictions (e.g., inhibition registers). These are essential for transparency regarding individuals' legal statuses.

Legitimization in Legal Context

Understanding Legitimization Types

• Legitimization involves qualified officials acting under state authority. It can be either "perfection" or "validation," each serving different purposes within legal documentation.

• Perfection legitimization enhances enforceability without altering existing defects in documents; it integrates them into a broader context rather than correcting flaws.

Distinction Between Perfection and Validation

• Validation does not apply within certain registries; documents with inherent flaws remain publicly recorded as such without rectification through validation processes.

Importance of Personal and Real Registries

Overview of Registry Types

• Personal registries are organized alphabetically, facilitating access to information like incidence records. Historical context is provided regarding changes before 1968 concerning property registration practices.

Property Registration and Database Access in Santa Fe

Overview of Property Databases

• The discussion begins with the distinction between the property registry and the cadastre database in Santa Fe, emphasizing that the cadastre provides information on whether a person owns any properties.

• To verify property ownership, individuals must consult both the cadastre for initial information and then access specific registries where detailed annotations are kept.

Steps to Verify Property Ownership

• In Santa Fe, one must follow two steps: first check the cadastre for property ownership, then refer to personal registration records for confirmation.

• There is a concern regarding outdated data in Santa Fe's database; for instance, it may still show properties owned by individuals who have transferred them.

Comparison with Capital Federal

• Unlike Santa Fe, Capital Federal has an updated system that allows automatic tracking of property titles through a real folio system.

• If implemented in Santa Fe, this system could streamline access to current property ownership data.

Informatic Registry Service

• The Informatic Registry Service is available to lawyers and connects them to various registries' databases. It is crucial for accessing recorded annotations.

• This service was initially created in response to fragmented databases across different jurisdictions (e.g., Rosario vs. Santa Fe).

Territorial Competence of Registries

• Each registry operates within its territorial jurisdiction; thus, information from one area (like Rosario) does not automatically apply to another (like Santa Fe).

• While embargos can be easily checked through this service, issues related to inhibitions require more thorough investigation due to unification challenges among databases.

Limitations of Current Systems

• The informatic registry allows users to check if properties are under embargo but lacks up-to-date information on other legal restrictions like inhibitions.

• Historical practices led to inconsistencies where properties could be registered differently across jurisdictions.

Understanding Real Registries

• Real registries focus on land as a module; they provide essential details about property ownership and history.

• A visual example of a real estate registration document is referenced but not displayed due to technical limitations during the discussion.

Understanding Property Registration and Documentation

Overview of Registration Concepts

• The discussion begins with the mention of a different registration number, emphasizing that the quantity of numbers is not significant. It suggests that this may be a consequence related to property regulations.

• The speaker explains the concept of "matrícula" (registration) in relation to property units, specifically mentioning unit 16 and how it relates to area codes and department identification.

• There is an explanation on how various documents are registered, including certificates and transmissions. These are categorized under specific rubrics for clarity in documentation.

• A comparison is made between different regions (Córdoba vs. Santa Fe), highlighting variations in how registrations are recorded across jurisdictions, particularly regarding rubrics used for certification.

• The speaker notes that certifications also fall under specific rubrics, indicating structural differences in registration practices across regions.

Class Structure and Engagement

• The instructor acknowledges challenges in conveying information but believes they have covered proposed topics adequately. They invite questions for further clarification during the next class session.

• Emphasis is placed on this being the first theoretical class, setting expectations for future sessions where practical applications will be explored more deeply.

• A request is made for students to send their attendance list via email to facilitate record keeping as part of course management.