Escribanía - 31/05 - Parte 1

Name: Escribanía - 31/05 - Parte 1
Uploaded: 2024-08-07T15:50:38.000Z
Duration: 15 h 38 min 15 s

Understanding Notarial Acts

Introduction to Notarial Acts

The instructor expresses a sense of fatigue and uncertainty about the previous class's conclusion, indicating a need to recap prior discussions on private instruments and legal articles.

Legal Framework of Behavior

The discussion begins with the concept that law categorizes behaviors as either positive or negative for society, leading to recognition or rejection by the legal system.

An example is provided where A owns a house and B has money; through a sale, A ends up with money while B acquires the house, illustrating natural legal outcomes.

Recognition of Significant Events

The law acknowledges significant events and assigns them value based on their societal impact, which leads to documentation for permanence.

Documents are created when an act holds greater significance, providing public faith (fe pública), which is essential in certain legal acts.

Nature of Notarial Acts

It is emphasized that public faith does not arise spontaneously but results from specific behaviors—specifically notarial acts.

The focus shifts towards understanding notarial acts beyond traditional views that equate them solely with written documents.

Elements of Legal Behavior

Key elements derived from notarial acts include public faith, enforceability (ejecutividad), and material outcomes like public deeds.

All behaviors have prerequisites: capacity of the subject, legitimacy for action, and suitability of the object involved in the transaction.

Components Defining Legal Actions

Each behavior must meet certain conditions:

Capacity refers to natural ability,

Legitimacy relates to rights associated with actions,

Suitability pertains to appropriateness concerning initial and final situations.

Understanding Legal Behavior and Its Components

The Nature of Legal Behavior

The discussion begins with the exploration of how legal behavior emerges within the legal framework, addressing both its content and substance.

It is emphasized that one must not confuse legal causes with personal motivations or objectives; this distinction is crucial in understanding legal acts.

The speaker draws parallels between criminal law and private law, highlighting that both recognize specific behaviors as legally significant, which are defined by the law itself.

Distinction Between Cause and Motivation

A key point made is that while individuals may have personal reasons for their actions (e.g., buying a house), these motives are irrelevant to the law's recognition of those actions.

Personal motivations remain private; what matters legally is whether an act has a recognized cause according to legal standards.

Elements of Legal Acts

The components of a legal act include form (external), content (intrinsic), and cause (economic/social function). Each element plays a role in validating the act.

Understanding these elements helps clarify how they interact within notarial acts, where capacity becomes an important factor.

Capacity in Notarial Acts

Protecting Vulnerable Parties

The principle guiding incapacity laws aims to protect those who cannot protect themselves rather than focusing on the notary's capacity.

In notarial contexts, it’s essential that only the parties involved need to possess capacity; the notary's role is primarily to ensure proper execution.

Implications of Notary Capacity

If a notary makes errors due to incapacity, it does not invalidate an act unless there’s demonstrable falsity or incoherence in what was recorded.

An anecdote illustrates how minor mistakes can be overlooked if they do not significantly affect the validity of notarized documents.

Legal Validity and Public Instruments

New Code Provisions

Recent changes in legislation acknowledge general theories regarding business transactions, introducing new requirements for public instruments under Article 292.

For an official document to be valid, it must be executed by a public official actively fulfilling their duties at that time.

Good Faith Considerations

Understanding Notarial Legitimization and Capacity

Requirements for Exercising Notarial Functions

The requirements for notarial suspension are outlined in Law 6898, specifically regarding the capacity to act as a notary.

To practice notarial duties, one must be an Argentine citizen (native or naturalized with at least 10 years of residency), emphasizing the importance of legal legitimacy.

A valid notary title must be obtained from recognized national or provincial universities, or foreign institutions that have been validated by a national university.

Additional conditions include having impeccable moral conduct, being registered in the professional registry, and maintaining residency in the province for no less than five years.

Certain individuals are prohibited from exercising notarial functions due to physical or mental disabilities, criminal charges leading to preventive detention, or previous disqualifications.

Ineligibility Criteria for Notaries

Individuals convicted of public offenses or those who have faced serious personal misconduct cannot serve as notaries; this includes both domestic and international convictions.

Those suspended from their roles in any jurisdiction are also barred from practicing until their suspension is lifted.

Justification of qualifications must be presented before a civil judge in Santa Fe or Rosario with oversight from the local college of notaries; decisions can be appealed to higher authorities.

Understanding Legal Capacity and Legitimization

Key factors affecting eligibility include age (being underage), mental incapacity (such as dementia), and other impairments like alcoholism that hinder professional capability.

The concept of legitimization relates to the legal standing required for a notary's actions; it encompasses both positive and negative aspects based on compliance with legal standards.

Positive Legitimization Attributes

For positive legitimization, a notary must hold an official record without prior removal from office; they should also meet educational requirements as per Article 292 of the law.

Competence is defined by territorial jurisdiction—acting within designated limits is crucial for validating public instruments according to Article 290.

Territorial Competence

A notary's authority is confined to their registered department; thus, a Rosario-based notary can only operate within Rosario’s jurisdiction unless specified otherwise by law.

This principle ensures that all acts performed by a notary fall within their legally defined scope of practice.

Professional Domicile and Territorial Competence of Notaries

Establishing Professional Domicile

Notaries must establish their professional domicile in the department where their registration is located, notifying the supervisory tribunal and respective notary association in writing.

Changes in domicile that are not communicated properly will not be recognized, emphasizing the importance of formal notification.

Territorial Competence

The territorial competence of a notary extends to neighboring departments when documenting wills or verifying facts.

Exceptions exist where territorial competence can be extended to adjacent departments under urgent circumstances, such as notarizing a will.

Case Studies and Anecdotes

The speaker shares anecdotes to illustrate practical applications of these rules, including instances where notaries acted outside their designated areas due to urgency.

An example is given about a notary who was called to verify an act of adultery on an island that was mistakenly thought to belong to another jurisdiction.

Issues of Validity

A case illustrates how actions taken within the correct jurisdiction are valid, while those taken outside it may lead to nullity.

The necessity for positive legitimization is discussed; a notary must be formally requested to act according to Article 10 of Law 6898.

Legitimization Requirements

Positive legitimization requires that the notary has been requested for intervention; this ensures impartiality in their role.

Legal Implications of Family Relationships in Corporate Representation

Changes in Legal Exceptions Regarding Family Relations

The old code allowed exceptions for family members involved in a corporation, which has now been removed. This raises questions about the validity of transactions involving relatives within the second degree.

There is a debate on whether the absence of this exception means that relatives cannot represent corporations, as they are considered distinct legal entities.

Validity of Acts and Notarial Responsibilities

A national civil law conference concluded that acts involving corporate representatives can be valid if notarized correctly. The notary must assess personal interest regarding societies and foundations.

Historical context is provided to understand how previous laws applied only to anonymous societies but have since expanded to include all legal entities.

Discretionary Interpretation and Personal Interest

The discussion highlights differing opinions on whether the removal of prohibitions affects current practices, emphasizing that legal persons are distinct from their representatives.

It is noted that determining personal interest in transactions requires careful consideration; examples illustrate scenarios where personal interests may or may not exist.

Consequences for Notaries and Legal Framework

If a notary fails to recognize potential conflicts of interest, they could face sanctions. The act itself remains valid unless improper conduct by the notary occurs.

Clarification is made regarding who holds responsibility: both titular holders and adjunct positions share similar obligations under current regulations.

Incompatibilities in Notarial Practice

Articles 7 and 8 outline various incompatibilities for notaries, including holding public office or engaging in other professions simultaneously with their duties as notaries.

Notarial Functions and Impartiality

The Role of Notaries in Ensuring Objectivity

The integration of legitimacy budgets does not affect the act of notarization; it only subjects notaries to disciplinary sanctions.

The presumption of veracity attributed to notaries comes with obligations and incompatibilities, ensuring their impartiality in all dealings.

Notaries are allowed to be part of a limited liability company (SRL) but cannot hold managerial positions to maintain impartiality.

Exceptions for Notarial Functions

Notaries can perform functions within banks, such as title studies, without compromising their objectivity.

Teaching roles or other positions that do not imply dependency are also permissible for notaries.

Understanding Capacity and Legitimacy in Notarial Acts

Key Concepts in Notarial Legitimacy

Capacity refers to the ability to engage in legal acts, while legitimacy pertains more closely to legal capacity.

In legal transactions like sales, the object is defined as the item or behavior affected by the transaction's effects.

Defining Objects in Notarial Acts

The object of a notarial act is the material result or behavior intended for public faith endorsement.

For instance, in a sale transaction, the act narrates what occurs during that sale and provides public faith through notarization.

Material Competence and Legal Limitations

Understanding Material Competence

A notary's competence is often determined by exclusion; they cannot perform acts designated for other public officials.

Certain actions, like mortgages on movable property or procedural acts from courts, fall outside a notary's jurisdiction.

Legal Framework Governing Notarial Authority

Article 10 of Law 6898 outlines that notaries are public officials responsible for authenticating documents and facts presented before them.

Legal Competence and Public Faith in Notarial Acts

Understanding Notarial Acts and Their Limitations

The discussion begins with the concept of notarial acts, emphasizing their potential loss of relevance or "virality" in certain contexts. It highlights the need for written documentation to maintain clarity.

A distinction is made regarding what a notary can certify; for instance, they cannot notarize a mortgage on movable property or witness a marriage due to jurisdictional limitations.

The speaker notes that legal systems only recognize socially useful behaviors. Actions deemed socially useless cannot be certified as public faith, indicating the importance of societal value in legal recognition.

Certain phenomena, such as gases or telepathic communication, are cited as examples that cannot be verified by traditional means. This raises questions about how notaries can validate such intangible occurrences.

Mario introduces the idea that complex events may exceed the capacity of notaries to accurately document them due to inherent difficulties in narration and verification.

Challenges in Certifying Complex Events

The complexity of certain events poses challenges for notaries; if an event's intricacies make it difficult to narrate accurately, it may fall outside the scope of public faith certification.

There is a critical balance between the presumption of truth attributed to notarized acts and the practical challenges faced when documenting complex situations.

The legal weight given to notarized documents necessitates rigorous standards; thus, any discrepancies could lead judges to question their validity during proceedings.

In cases where complexities arise—such as real estate transactions—the reliability of notarized documents must align with judicial expectations and evidentiary standards.

Mario suggests that alternative methods (like recordings or photographs) might better capture intricate meetings or discussions than traditional notarial documentation alone.

Legal Competence Regarding Criminal Activities

The conversation shifts towards criminal law, highlighting that notaries lack competence in verifying crimes classified under public action since this responsibility lies with law enforcement agencies.

Distinctions are drawn between different types of crimes: those requiring private action versus those pursued publicly. Notaries cannot act as witnesses for either type concerning criminal activities.

The implications of these limitations suggest that while notaries play crucial roles within civil matters, their authority does not extend into criminal investigations or evidence gathering related to crimes.

Mario emphasizes understanding these boundaries is essential for practitioners within legal frameworks, ensuring they operate within their defined competencies without overstepping into areas reserved for other authorities.

Understanding Criminal Procedure and Police Competence

Role of the Police in Criminal Proceedings

The police have a defined role in criminal law, as outlined in the code of criminal procedure, which mandates their immediate involvement in gathering evidence and investigating crimes.

A distinction is made between private and public offenses; for instance, in cases of private offenses like certain types of assault, police competence may be limited until a formal complaint is filed.

In instances where a crime has not yet been reported (e.g., sexual assault), the police can still collect evidence such as witness statements to support future legal actions.

Evidence Collection Challenges

The discussion highlights complexities surrounding evidence collection, particularly regarding minor injuries that may fall under private jurisdiction.

There are limitations on how civil trial evidence can be used in criminal trials; judges must critically assess the relevance and credibility of testimonies presented.

Testimonial Evidence and Judicial Discretion

Judges have discretion over how much weight to give testimonial evidence; they can choose to accept or reject it based on its perceived reliability.

The importance of maintaining public trust through proper documentation and testimony is emphasized before any punitive action by the state occurs.

Practical Implications for Legal Professionals

Legal professionals face dilemmas when asked to verify conditions (e.g., damage to property); distinguishing between mere damage and potential criminal activity can be challenging.

When assessing physical injuries (like bruises), legal professionals must navigate what constitutes valid proof without making assumptions about causation.

Objectivity in Notarial Acts

Notaries must strive for objectivity when documenting conditions; subjective interpretations (like cleanliness or damage severity) should be avoided to maintain clarity.

Clear descriptions devoid of personal judgment are crucial; for example, stating "there is dirt" rather than "the floor is dirty" ensures factual reporting.

Recommendations for Handling Complex Cases

Legal practitioners should focus on precise language when documenting observations to avoid ambiguity that could affect legal outcomes.

Legal Dilemmas in Notarial Practice

Encountering Ethical Challenges

The speaker reflects on a challenging situation involving a judge's credibility, emphasizing the importance of documentation in legal proceedings.

A dilemma arises regarding the obligation to act when faced with accusations of abuse against a minor, highlighting the complexities of legal responsibilities.

Handling Testimonies and Documentation

The accused later claims that the allegations were false, prompting discussions about how to document such testimonies effectively.

The speaker mentions following Mario's recommendations for documenting actions taken during these sensitive cases to ensure protection from liability.

Importance of Objectivity in Reporting

Emphasizes the need for notaries to maintain objectivity and avoid subjective language when documenting observations or incidents.

Discusses past experiences where notaries faced challenges due to lack of written guidelines, stressing the evolution of legal standards over time.

Best Practices for Notarial Actions

Advises on acting promptly while ensuring all actions are documented objectively, regardless of personal feelings about the case.

Highlights the significance of using precise language that avoids ambiguity or subjectivity in reports.

Understanding Notarial Content and Jurisdiction

Concludes with an overview of notarial competence based on the nature of acts performed and their suitability for public faith.

Introduces concepts related to self-regulation within legal transactions, particularly between buyers and sellers.

Perception and Judgment in Notarial Acts

Explains that notarial content is derived from sensory perception rather than mere documentation received from parties involved.

Distinguishes between immediate judgments made by notaries (judgments of essence), which are based on direct observation versus more complex evaluations requiring deeper analysis.

Understanding Public Faith and Perception in Legal Judgments

The Nature of Judicial Judgment

Judicial judgments can be made with or without knowledge, but the act of judgment itself is not covered by public faith; rather, it is the perception that holds this status.

When assessing powers, one must be cautious about stating "I certify" as it implies a judgment that cannot be made without proper authority.

Complexity in Notarial Acts

There is a significant difference between witnessing a transaction (e.g., Juan selling to Pedro) and certifying acts where complexities arise.

The challenge lies in accurately documenting actions during notarial acts compared to straightforward transactions.

Certification Challenges

Certifying signatures or photocopies requires direct involvement in the process; otherwise, it lacks public faith.

Three scenarios for signature verification are outlined: witnessing directly, knowing the individual’s signature well, and recalling past signatures as a witness.

Issues with Photocopy Certification

Certifying photocopies poses challenges since one must have been present during the copying process to provide valid certification.

The speaker emphasizes that simply stating a photocopy matches an original does not suffice if they were not involved in its creation.

Practical Examples and Considerations

Real-life examples illustrate how perceptions can mislead; careful documentation is essential to avoid misunderstandings.

Ensuring Authenticity in Documentation

Importance of Personal Oversight

The speaker emphasizes the necessity of personally overseeing documentation processes to avoid deception, particularly with technical advancements complicating verification.

Sealing and Archiving Evidence

A method is discussed for sealing documents to ensure they accompany contracts, summarizing discussions and outcomes effectively for future reference.

Technological Advancements in Documentation

The ease of capturing photographs with mobile devices is highlighted as a modern solution for documenting evidence compared to previous methods.

Legal Competence Across Jurisdictions

Validity of Acts Across Provinces

The speaker explains that public acts performed in one province are valid in another, emphasizing the need for proper notarization by local officials.

Role of Notaries in Property Transactions

It is clarified that while property transactions can occur across provinces, a notary from the relevant jurisdiction must handle the registration process.

Distinguishing Between Actuality and Legal Fiction

Conceptual Framework: "Ser" vs. "Deber Ser"

A distinction is made between what 'is' (ser) and what 'should be' (deber ser), stressing that legal actions must occur within the correct jurisdiction regardless of parties’ locations.

Implications of Legal Fiction

The discussion touches on potential legal fictions created when individuals attempt to circumvent jurisdictional requirements through personal connections.

Challenges with Electronic Protocols

Transitioning to Digital Signatures

The conversation shifts towards electronic signatures, noting their validity but highlighting the need for an established electronic protocol which currently lacks development locally.

Historical Context and Technological Limitations

An analogy is drawn regarding outdated technology (like CDs), illustrating challenges faced when trying to access or verify older digital records due to evolving formats over time.

Inheritance Issues and Documentation Gaps

Complications Arising from Family Dynamics

A scenario involving inheritance disputes illustrates how family dynamics can complicate ownership claims, especially when documentation may be lost or unrecorded historically.

Custodial Responsibilities of Notaries

The speaker stresses the critical role notaries play in maintaining custody and archival integrity of documents amidst technological transitions.

Discussion on Digital Legislation and Virtual Learning

Overview of Digital Legislation

The discussion begins with a mention that there is no existing legislation permitting the digital entry of certain documents, indicating a gap in legal frameworks for digital processes.

Transition to Virtual Learning

Participants express their adaptation to virtual learning environments, highlighting the integration of students from different provinces into online courses.

A participant notes a preference for in-person classes but acknowledges travel complications that hinder attendance.

Class Participation and Engagement

The conversation shifts to class dynamics, with participants discussing their locations and experiences in relation to the course.

There is an emphasis on the importance of maintaining communication about attendance and participation among students.

Course Content Review

The instructor seeks clarification on previous topics covered, specifically focusing on registrable documents and preliminary discussions around precautionary measures.

Different types of embargoes are mentioned as part of the curriculum, indicating a focus on legal concepts relevant to property law.

Technical Issues and Access Concerns

The instructor addresses technical issues regarding access codes for virtual classrooms, emphasizing the need for proper credentials to facilitate student engagement.

Litigious Property and Legal Implications

Overview of Litigious Property

The discussion revolves around a legal dispute concerning property ownership, highlighting the complexities involved in determining rightful ownership.

Article 1009 of the Civil and Commercial Code addresses litigated properties, indicating that such properties can be subject to various contracts despite existing claims against them.

Rights and Responsibilities in Transactions

The article specifies that if a party enters into a contract regarding litigated property in bad faith, they must compensate the other party for damages incurred.

It is emphasized that purchasing a property marked as litigated poses risks; buyers should be aware of ongoing disputes which could affect their ownership rights.

Registration and Awareness of Litigation

Properties under litigation must be registered to inform potential buyers about existing disputes, ensuring transparency in transactions.

Buyers are warned that ignorance of litigation status does not protect them from future claims or loss of ownership if they proceed without due diligence.

Legislative Framework on Litigated Properties

A proposed civil procedural code in Santa Fe includes provisions for marking properties as litigated, similar to national regulations.

Article 229 of the national Civil Procedural Code allows for registration when there is an ongoing claim that may alter property records.

Acquisition Through Adverse Possession

The discussion touches on adverse possession laws, particularly Article 1905, which clarifies conditions under which one can acquire rights through long-term possession.

Recent changes require contentious processes for acquiring title through adverse possession rather than summary procedures previously used.

Historical Context and Changes in Law

Historically, many acquisitions occurred without contestation; however, new laws mandate legitimate opposition to protect absent defendants' rights during proceedings.

The introduction of these legal frameworks aims to prevent unjust acquisitions by ensuring all parties have representation and awareness during disputes.

Understanding the Legal Framework of Property Rights

Acquisition of Real Rights

The discussion emphasizes that there is no retroactive effect in property rights acquisition; it establishes when a real right is acquired after a specified period.

It highlights the role of the court in handling exceptions related to acquisitive prescription, indicating that such actions can be initiated by the court without a request from any party.

Court Procedures and Notifications

The necessity for the court to issue an order to notify relevant registries about ongoing litigation concerning property rights is stressed.

Some provinces have developed technical registration provisions due to differing doctrines regarding special procedures for acquiring ownership through litigation.

Judicial Orders and Cautionary Measures

The law mandates that courts must order annotations as litigated properties, which should not be interpreted merely as precautionary measures but rather akin to those seen in bankruptcy cases.

A doctrinal stance suggests that these annotations do not have a statute of limitations, requiring explicit orders for cancellation or lifting of such measures.

Duration and Renewal of Precautionary Measures

In certain jurisdictions, precautionary measures are considered temporary with a five-year validity period; however, this duration can extend based on specific circumstances.

Legal practitioners are advised to proactively seek renewal of precautionary measures before they expire rather than waiting for judicial action.

Implications on Property Ownership Disputes

The importance of making third parties aware of disputes over property ownership through legal notifications is highlighted, emphasizing its impact on property rights.

Reference is made to national meetings among directors discussing guidelines that may influence resolutions regarding property registrations and disputes.

Historical Context and Registration Practices

An anecdote illustrates challenges faced when registering properties that were previously unregistered or improperly documented within historical contexts.

The evolution of property registration practices since 1890 in Santa Fe province reflects changes in legal frameworks governing land transactions.

Judicial Processes and Property Registration

Overview of Property Registration Issues

The speaker discusses the challenges in property registration, highlighting the existence of numerous protocols that complicate the sales registration process.

There are historical discrepancies in property records; some properties may be registered while others are not, leading to potential legal complications.

An example from Santa Fe is used to illustrate how a larger area might have been partially surveyed, resulting in unregistered parcels being sold without proper documentation.

Legal Implications of Possession

The concept of "active prescription" is introduced, where accumulated possession over time can lead to legal claims on a property despite lack of formal registration.

A critical point is made about initiating legal proceedings requiring two essential elements: a survey plan and a domain report, which were apparently overlooked in this case.

Judicial Oversight and Documentation

The tribunal's failure to request necessary documentation (domain report) raises questions about due diligence during judicial processes.

The initial decree issued by the tribunal lacked clarity regarding ownership rights, indicating procedural gaps in handling property disputes.

Administrative Responses and Record Keeping

A director's response involved creating a physical record for disputed properties, which was an improvised solution rather than following standard procedures.

There’s mention of a technical registry disposition that should inform all parties involved about properties lacking formal registration.

Recommendations for Future Practices

A unanimous recommendation emerged from a national meeting to reject precautionary measures on unregistered properties, emphasizing the need for clear title before any legal action can proceed.

Understanding Cadastral Certificates and Their Implications

The Role of Cadastral Certificates

Cadastral certificates are essential documents issued by the cadastre, providing detailed information about properties, including descriptions and any overlapping boundaries.

These certificates reveal various situations regarding property status, such as occupations or legal claims that may not be recorded in public registries.

Legal Implications of Property Registration

The existence of a lawsuit related to a property can affect its registration; if not noted, it could lead to complications like wrongful seizures.

It is crucial for third parties to be aware of any litigation concerning a property to avoid potential legal disputes over ownership.

Challenges in Document Retrieval

Accessing historical records from notaries can be complex; specific requests must often be made through linked notaries for comprehensive searches.

Public registries should ideally reflect all relevant information about properties, including ongoing constructions or claims against them.

Advancements in Digital Registration Systems

Transition to Digital Registrations

The Ministry of Justice's website provides access to property registration forms and digital submission processes.

A fully virtual registration system is still under development; current systems require physical document submissions alongside digital signatures.

Regional Examples of Digital Integration

Córdoba has made significant strides in digitizing their registration process since 2020, enhancing efficiency during the pandemic.

The integration involves collaboration among three systems: registral, notarial, and judicial. Successful cooperation can streamline processes similar to those implemented in Córdoba.

User Interaction with Registration Processes

Enhancing User Experience

Users should have direct access when requesting copies or prints from registries without waiting for registrar responses.

Discussion on Electronic Registration and Digitalization

The Need for an Electronic Folio System

The speaker believes that not all information should be available in the electronic folio yet, but photocopies of records are accessible. A self-service system similar to home banking is proposed.

Emphasis is placed on the necessity of cybersecurity measures within the registration system to ensure safety and reliability.

Steps Towards Implementation

The first step involves allowing automatic interaction with the system during specified hours, addressing issues as they arise.

A virtual desk is suggested for direct submission of registration requests and certificates, akin to how birth certificates are currently handled.

Current State of Digitalization

Only a small percentage (7%) of records are digitalized, while 30% remain registered but not updated in the system. There’s a need to digitize these remaining records.

Modifications made in the electronic folio must reflect accurately; any paper-based registrations still exist until fully transitioned into digital format.

Historical Context and Challenges

The difference between digitalization and actual registration is highlighted; digitalization does not provide complete legal history for properties.

Political will, funding, and training are identified as critical components needed for successful implementation over a long-term project (10–15 years).

Importance of Training and Resources

Training staff adequately takes time (6 months to a year), emphasizing that financial resources are essential for this process.

Historical examples from Ciudad Autónoma illustrate that matriculation can take significant time, reinforcing the need for patience in transitioning systems.

Systems Integration Issues

The discussion touches on existing systems used for property searches which may not be up-to-date or accurate due to their management by different entities like cadastres rather than registries.

Discussion on Registry Management and Personnel Issues

Overview of Current Staffing Challenges

The speaker discusses the recent changes in provincial registry management, highlighting that a new director has been appointed while others have been dismissed, including a former student who had worked there for about two to three years.

A conversation reveals that the speaker is assessing the knowledge of a current employee in the registration area, indicating an interest in understanding their capabilities and how they communicate with colleagues.

The speaker expresses concern over staffing shortages, noting that 22 to 26 positions were eliminated despite the registry's need for personnel. This has led to increased workloads for remaining staff.

Impact of Workload on Performance

High demands on remaining employees may lead to mistakes due to overwhelming workloads; this is acknowledged as a normal human error under such pressure.

In Santa Fe, registries are visibly struggling with reduced staff, as indicated by signs apologizing for inconveniences caused by being down 26 employees.

Historical Context of Registry Staffing

The discussion shifts towards historical staffing levels at registries, which were originally designed to accommodate around 200 personnel due to extensive work requirements.

Previously, teams worked diligently on processing property registrations from chronological records into formal matriculation systems. This required significant manpower and coordination among multiple workers.

Current State and Future Outlook

Despite past advancements in processing registrations (noted at around 30% efficiency), ongoing challenges remain due to insufficient staffing levels affecting overall productivity.

Legal Concepts: Cautelar Measures

Introduction to Cautelar Measures

The speaker introduces two types of cautelar measures: "prisión de innovar" (provisional injunction against innovation) and "cautela innovativa" (innovative precautionary measure).

Purpose of Provisional Injunction

The provisional injunction aims to maintain the initial status quo during legal proceedings by preventing any alterations in registration status until resolution is achieved.

Innovative Precautionary Measure Explained

The innovative precautionary measure seeks to prevent changes in factual or legal situations. It requires judicial orders but allows for immediate action based on sufficient evidence presented before the court.

There is an ongoing debate regarding procedural norms versus innovative approaches within legal frameworks. This includes discussions about legitimate defense rights and necessary steps leading up to judicial resolutions.

Implications of Innovative Measures

Provisions of Innovar in Legal Context

Overview of Prohibition to Innovate

The tribunal's pronouncement can render compliance with its directives impossible, leading to two potential outcomes: halting operations or reverting the situation to a previous state.

Article 230 of the Civil and Commercial Procedural Code allows for a prohibition on innovation in any type of trial if there is a credible right at stake and a risk that the factual or legal situation may be altered.

Conditions for Prohibition

The modification must have the potential to influence the judgment or make its execution ineffective; alternative precautionary measures should not suffice.

In Santa Fe’s procedural code, similar provisions exist, allowing for requests at any stage before a final judgment.

Timing and Necessity of Measures

A request for prohibitive measures can be made alongside the initial claim but not as a preliminary measure like an embargo.

A proposed reform project suggests that such measures could be requested even before filing a lawsuit, indicating an evolution in procedural law.

Exceptional Nature of Innovative Measures

The new proposal emphasizes that innovative measures are exceptional and should only be ordered after proper consideration by the court based on case circumstances.

This change highlights two key advancements: earlier timing for requesting these measures and reinforcing their exceptional nature.

Registration Criteria and Service Instructions

An instruction from 2000 revisits concepts related to innovative measures, differentiating between prohibiting registration changes versus enforcing them.

Service instructions issued by registry directors provide technical guidelines on how to classify innovative measures within registral contexts.

Impact on Registral Modifications

The criteria established dictate how non-modification orders are processed when they precede certificate submissions.

Understanding the Role of Certificates in Property Law

Overview of Certificate Functions

The speaker discusses the importance of presenting a certificate, emphasizing that it should ideally be shown in person rather than on screen.

Certificates serve multiple functions; one is informal publicity, which informs about everything noted in property ownership.

A key function is to act as a legal shield, preventing any measures from affecting the property until certain conditions are met.

Legal Implications of Certificates

If there is a prior precautionary measure (like an embargo), it must be communicated to the notary, prohibiting any modifications to the registry.

The certificate acts as a preventive annotation for ongoing transactions and must inform about any existing annotations in the registry.

Interaction Between Certificates and Precautionary Measures

When a precautionary measure enters after a certificate, it can affect the validity of future actions like property transfers or modifications.

If a new certificate is submitted after an existing one has expired due to non-compliance with conditions, it automatically takes effect.

Examples and Scenarios

The speaker invites questions regarding scenarios involving certificates and precautionary measures for further clarification.

An example illustrates what happens when both a certificate and precautionary measure are filed; if deadlines aren't met, complications arise regarding property status.

Notification Procedures and Timing Issues

Discusses how notifications related to precautionary measures must be timely; otherwise, they may not hold up against previously issued certificates.

Legal Implications of Registered Certificates

Delays in Registration Process

The registration of certificates can be a lengthy process, often exceeding the expected timeframe. For instance, there was a case where a certificate was not issued on time, causing complications for the involved parties.

Suspension Periods and Protection Measures

During periods of delays or strikes affecting registration offices, proposals were made to implement suspension periods. This would protect third parties who had submitted documents during these interruptions.

The proposed suspension would allow for the counting of days from when documents were submitted until the suspension was lifted, ensuring that all submissions received fair consideration.

Priority Rules in Córdoba

In Córdoba, there is a unique computation method regarding priority for registered documents. The principle of direct priority applies to all documents including certificates.

An example illustrates that if a precautionary measure (embargo) is filed before a certificate on the same day, the embargo takes precedence over the certificate due to local laws governing submission times.

Legal Framework and Interpretation

The provincial law emphasizes presentation and expedition timelines which dictate how priorities are established between competing registrations.

Article 23 and 24 of national law outlines that protection periods begin from when an application is made rather than when it is processed, potentially extending coverage beyond initial expectations.

Challenges with National Law Application

While national law provides guidelines for registration processes, its literal interpretation may not adequately protect certificates as intended at their inception.

Historical context reveals that significant delays in registrations prompted provinces like Córdoba to innovate their systems to ensure timely processing and protection for third parties involved in legal transactions.

Innovative Precautionary Measures

The concept of "cautela innovativa" introduces an exception whereby certain actions can halt subsequent proceedings regardless of prior registrations.

Discussion on Cautelares and Notarial Reactions

Impact of Cautelares on Registral Law

The introduction of cautelares has sparked significant reactions from the Argentine notary community, particularly from the Universidad Notarial Argentina, due to concerns about its implications for national registral law.

Exceptional Situations in Legal Interpretation

The proposed modifications to the Civil and Commercial Procedural Code in Santa Fe highlight the exceptional nature of certain legal interpretations, especially regarding innovative judicial orders typically seen in criminal cases.

Concerns Over Property Transfers

There are efforts to prevent property transfers or consolidation of ownership under specific circumstances, such as potential fraud or substitution of persons during acquisition processes.

Provisional Annotations by Employees

If an employee encounters uncertainty regarding a judicial order's nature (whether it is genuinely innovative), they must provisionally annotate it for 180 days while seeking clarification from the court.

Class Logistics and Student Attendance

Introduction to Contract Law

Overview of the Class Structure

The class is structured with one in-person day and one virtual day, allowing students the option to attend virtually if they choose.

The virtual format facilitates fluid conversation among participants, enhancing engagement during discussions.

Technical Setup Challenges

There were initial technical difficulties with visibility on Zoom, particularly regarding the projection of materials.

After resolving technical issues, the session was ready to begin with a focus on contract law.

Contract Law Fundamentals

Introduction by Professor Ariel Larisa

Ariel Larisa introduces himself as a professor specializing in contract law and consumer rights, setting the stage for an exploration of contractual principles.

Focus on Notarial Perspective

The discussion emphasizes a notarial perspective on contracts, highlighting how notaries are involved in various business transactions beyond formal contracts.

Evolution of Contractual Practices

Recent changes in technology significantly impact contract production and practices; AI is influencing how contractual documents are created.

Current Trends in Contracting

Real Estate Contracts

Issues within real estate transactions are highlighted, including ongoing challenges related to property sales and developments.

Dynamic Nature of Consumer Contracts

The rapid evolution of consumer contracts reflects changing dynamics in how agreements are formed and executed, often without thorough consideration.

Legal Implications and Responsibilities

Understanding Consent and Liability

The importance of establishing original consent in contractual relationships is discussed, especially when addressing breaches or disputes.

Understanding Contractual Dynamics

The Nature of Contracts and Economic Functionality

The discussion emphasizes the importance of fulfilling the objectives that parties aim for in economic operations, highlighting a stark contrast with extracontractual situations where predefined behaviors lead to more severe consequences.

It is noted that while extracontractual scenarios do not lack contingencies, they differ significantly from contractual agreements which are structured and defined.

The speaker points out that certain agreements, such as those formed in consortia assemblies, lack the necessary opposing interests required for formal contracts but still represent forms of agreement.

A key point raised is that understanding contracts requires more than just legal definitions; it necessitates an appreciation of their economic functions and implications.

Contracts are described as instruments essential for the circulation of goods and services, with some authors arguing it's challenging to conceive an economic relationship without a contract.

Economic Functions and Social Impact

Contracts serve as fundamental tools within the economy, influencing social interactions in consumption relationships. Many daily transactions involve implicit contracts even if individuals are unaware.

The speaker highlights how modern technology facilitates numerous informal contracts through platforms requiring users to accept terms and conditions, thus engaging them in contractual agreements unknowingly.

Predictability and Risk Distribution

Traditionally viewed as acts of predictability, contracts allow parties to estimate future outcomes while also assuming risks associated with potential changes in circumstances.

Notarial practices emphasize this predictability function by providing legal security regarding future events tied to various types of agreements like real estate sales or donations.

Contracts play a crucial role in organizing assets within businesses; companies plan their commercial activities based on anticipated production levels and sales derived from contractual frameworks.

Justification for Asset Transfers

Contracts act as justificatory titles for asset transfers when obligations need enforcement. They ensure that what belongs to one party can be legally transferred to another upon fulfillment of agreed terms.

Risk Management in Transactions

Understanding Risk Transfer in Contracts

The Concept of Risk Transfer

The transfer of risk is a crucial aspect in contracts, particularly regarding the timing and conditions under which this transfer occurs.

In Argentina, economic fluctuations such as inflation and currency exchange rates significantly impact contractual obligations, especially those denominated in foreign currencies like dollars.

Contractual Obligations and Risks

Contracts must clearly outline the risks assumed by each party, including potential deterioration of goods or changes in circumstances that may affect compliance.

Legal advisors historically played a key role in anticipating various scenarios to ensure comprehensive risk management within contracts.

Evolution of Contract Management

A shift towards "Contract Life Cycle Management" (CLM) is emerging, emphasizing systematic management throughout the contract's lifespan.

Companies are now utilizing platforms that analyze operations and propose suitable contractual texts based on specific needs.

Technological Integration in Contracting

Advanced technologies, including artificial intelligence, facilitate risk analysis and help identify inconsistencies or avoidable costs within contracts.

These systems not only assist with contract creation but also monitor performance metrics such as compliance and cost increases.

Future Implications for Legal Professionals

Law firms are increasingly adopting these AI-driven tools to enhance efficiency in managing legal documents and contracts.

Economic Functions of Contracts in the Age of AI

The Intensification of Economic Functions

The economic functions of contracts have intensified due to rapid economic development and the influence of artificial intelligence (AI).

Contract analysis has become crucial, with professionals specializing in this area to meet the demands imposed by modern corporate environments.

The Role of Smart Contracts

Smart contracts are presented as a solution to eliminate delays and interpretations, allowing for automatic execution based on predefined conditions.

In blockchain technology, smart contracts can operate independently from traditional legal frameworks, raising questions about their legal definitions and implications.

Diversity in Contractual Relationships

There is a need to understand how various types of contractual relationships fit into existing legal definitions, especially as they evolve with technology.

Three distinct sectors of contracting are identified: paritarian contracts (negotiated), consumer contracts (heavily regulated), and other economic operator relationships.

Consumer Protection in Real Estate Transactions

Real estate transactions often involve consumers who are protected under specific public order principles that apply to these contractual relationships.

Contractual Relationships and Consumer Rights

The Nature of Contractual Agreements

Discussion on the inversion of contract terms, highlighting potential regulatory issues and the implications for entrepreneurial ventures.

Examination of problematic clauses, particularly arbitration clauses that may not be negotiated, raising concerns about fairness in dispute resolution.

Clarification on consumer status affecting the application of rules; non-consumer contracts present ambiguity regarding applicable regulations.

Complexity in Contractual Diversity

Exploration of contractual diversity beyond technological advancements, emphasizing real estate transactions and their legal implications.

Historical context provided on subjective elements within contracts, focusing on parties involved and the evolving nature of contractual manifestations.

Technological Innovations in Contracts

Introduction to AI-driven supermarket experiences where transactions occur without traditional checkout processes, questioning whether these interactions are contractual or extra-contractual.

Consideration of facial recognition technology's role in identifying consumers during automated transactions.

Legal Framework and Contract Types

Overview of various contract types including mortgage agreements which create rights distinct from personal obligations.

Discussion on framework agreements that establish future relationships without immediate exchanges, highlighting their prevalence in economic contexts.

Regulatory Structure and Codification

Insight into legislative efforts to regulate private life through a structured legal code encompassing obligations and specific contract types.

Understanding the Dynamics of Contractual Law

The Nature of the Legal System

The legal system is described as self-aware and incomplete, aiming to provide guidance based on principles rather than exhaustive explanations.

Emphasis is placed on distinguishing between general contract law and practical applications in daily contractual relationships.

Practical vs. Legal Perspectives

There exists a disconnect between legal descriptions of contracts and their real-world applications; operators often do not reference legal systems when structuring their agreements.

The role of legal advisors becomes crucial in ensuring secure transactions, although they may face resistance from established practices within organizations.

Evaluating Contractual Texts

Key criteria for assessing contractual texts include compliance with legal regulations and the effectiveness of facilitating economic operations without leading to conflicts.

The complexity of contractual relationships necessitates a continuous back-and-forth between general contract law and specific contracts.

Algorithmic Influence on Contracts

Algorithms are increasingly used to analyze contracts, identifying potential issues quickly by evaluating clauses against various variables.

This technological shift prompts a need to understand how these algorithmic models influence contractual logic and decision-making processes.

Principles of Contract Formation

A fundamental principle discussed is the freedom to contract, which has been modified by recent legislative changes (Decree 70/2023).

The concept of pre-contractual responsibility is introduced, highlighting that documents preceding formal contracts can have significant implications.

Notarial Considerations in Contracts

Notaries must navigate various aspects such as who can enter into contracts and under what conditions, ensuring validity while adhering to traditional requirements.

Understanding the classification of acts according to their form is essential for notaries, as it impacts their interpretation and execution responsibilities.

Interconnectedness in Contractual Relationships

Understanding Real Estate Purchase Agreements

Overview of Key Concepts in Real Estate Transactions

The discussion begins with an overview of the resolution agreements and their implications within real estate transactions, particularly focusing on purchase agreements.

Emphasis is placed on various aspects of real estate sales, including special regimes under Law 14005 and current rental regulations as per emergency decrees.

The speaker engages participants to ensure they can hear clearly before transitioning into a group activity focused on analyzing a specific case related to consent formation in contracts.

Group Activity Instructions

Participants are instructed to form groups automatically within Zoom for collaborative analysis, with a time frame set for 10 to 15 minutes.

Each group will read a case study provided by Miguel, which involves an offer to purchase property in a private neighborhood, leading to legal considerations regarding the transaction.

Case Study Analysis

The case revolves around a buyer's offer for property and subsequent developments that affect the agreement's validity and terms.

A timeline is established where the buyer signs a reservation on May 20, 2024, demonstrating seriousness through monetary commitment.

Confusion arises when the seller alters conditions post-offer acceptance; this leads the buyer to request a refund due to disagreement over new terms.

Legal Implications and Buyer Rights

The discussion highlights critical legal points such as acceptance of offers and how reservations convert into binding agreements upon seller acknowledgment.

Specific clauses are examined that limit buyers' rights concerning unforeseen circumstances or changes in market conditions affecting contract execution.

Conclusion of Case Study Insights

Participants are reminded that understanding these nuances is essential for navigating real estate transactions effectively while recognizing potential liabilities involved.

Discussion on Real Estate Offer Acceptance

Key Concepts of Offer and Acceptance in Real Estate Transactions

The discussion revolves around the conditions under which an offer is accepted or rejected, particularly focusing on the stipulations outlined in clause seven of the agreement.

It is emphasized that if the titles are not perfect at the time of signing, a refund will be issued to the buyer, indicating a critical aspect of real estate transactions regarding title integrity.

The parties involved must adhere to agreed timelines without needing further decisions once an offer is accepted by the seller, highlighting the importance of timely communication in real estate deals.

A commission fee of 3% is mentioned as being due to the real estate broker upon signing, underscoring financial obligations tied to property transactions.

Understanding Counteroffers and Acceptance Dynamics

The conversation touches on how an offer for a property becomes binding when accepted by the seller; however, it raises questions about counteroffers and their implications for both parties involved.

There’s a debate about whether acceptance can be retroactive or if it requires formal acknowledgment from both sides before proceeding with any transaction.

The notion that acceptance may not always be clear-cut is discussed; ambiguity can arise if one party believes they have accepted terms while another does not agree fully.

Legal Implications and Communication Methods

Legal counsel expresses concern over informal communications (like WhatsApp messages), suggesting that these may complicate matters regarding formal acceptance unless clearly documented.

The potential consequences for buyers who do not formally accept offers are highlighted; they risk losing their deposit and incurring additional fees to brokers if they back out without proper procedure.

Analyzing Counteroffer Scenarios

A specific scenario involving a counteroffer made via WhatsApp illustrates how informal communication can lead to misunderstandings about acceptance status between buyer and seller.

The dialogue reveals that even though there was ongoing communication regarding price adjustments, no formal contract was signed, raising questions about enforceability of verbal agreements versus written ones.

Conclusion on Offer Validity and Next Steps

Discussion on Real Estate Contract Issues

Introduction to the Group Discussion

The session begins with a brief introduction, indicating that all participants are now present and ready to discuss.

A participant from one of the groups is prompted to introduce their members and share insights.

Analysis of the Case by Group One

The first group discusses a case involving Mrs. Daumas and a real estate transaction for a lot in "Barrio del Sol" priced at $180,000.

After receiving a WhatsApp message, Mrs. Daumas learns that the seller has changed the price to $190,000, leading her to express disagreement and request a refund of her deposit.

The group notes that while the initial contract was signed, there were discrepancies regarding acceptance of terms due to price changes communicated via WhatsApp.

They highlight that according to clause eight of the contract, withdrawal from the agreement is allowed but may not guarantee recovery of funds already paid.

Insights from Group Two

Another group presents their findings, emphasizing that consent was given under the original terms which complicates any later changes proposed by the seller.

They argue that if consent was established in the initial agreement, it should hold unless both parties agree otherwise.

Summary from Remaining Groups

A third group reflects on whether tacit acceptance occurred in this contractual scenario; they conclude it did not since both parties had not signed off on subsequent agreements.

They clarify that without mutual signatures on revised terms, earlier agreements remain valid but unenforceable.

Clarification on Contract Terms

The final discussion focuses on defining what constitutes an "ad referendum" contract—where one party's acceptance is contingent upon further evaluation by another party (the seller).

Understanding Acceptance in Real Estate Transactions

The Process of Acceptance and Counteroffers

The seller's acceptance occurs after 8 days from the signing of the reservation, where a WhatsApp message is sent by the real estate broker with a counteroffer from the seller.

Despite the counteroffer, Mrs. Daumas does not accept it; however, her initial written acceptance remains valid until June 3rd.

The next day, the seller indicates willingness to proceed with the original agreement, raising questions about how this acceptance was communicated to Mrs. Daumas.

There is no clear record in the text regarding whether Mrs. Daumas received this acceptance via WhatsApp or email or if she signed any document confirming it.

The group discusses that without documented evidence of acceptance from Mrs. Daumas, they believe there is no formal agreement.

Legal Considerations in Real Estate Reservations

A set of guidelines is identified to clarify how to determine if consent has been established in real estate transactions.

The concept of a purchase reservation is highlighted as an important preparatory act; it’s unilateral and contains an offer that must be maintained for a specified time.