Escribanía - 03/05 - Parte 2

Escribanía - 03/05 - Parte 2

Introduction to the Class

Overview of the Session

  • The session begins with music and informal greetings, setting a casual tone for the class.
  • The instructor introduces themselves as Celene Caballero and provides their email for any questions or concerns regarding the course material.

Class Structure

  • The instructor mentions that today's class will cover two important topics: capacity of persons and responsibilities of notaries. They aim to keep it concise due to time constraints.
  • A brief discussion on technical issues arises, where students are encouraged to raise their hands if they have questions during the session.

Capacity of Persons

Key Concepts in Capacity

  • The instructor explains that "capacity" refers to a person's ability to hold rights and obligations, emphasizing its importance in legal contexts. They differentiate between two types: capacity of right and capacity of exercise.
  • Capacity is described as an attribute of personality, which includes other elements like name, domicile, and status; however, today’s focus is specifically on capacity.

Types of Capacity

  • Capacity of Right: This is inherent from birth; every person has this capability without exception.
  • Capacity of Exercise: This relates more closely to one's ability to act upon those rights legally.

Responsibilities of Notaries

Role in Legal Transactions

  • The discussion shifts towards the responsibilities that notaries hold when dealing with individuals who may lack full legal capacity (incapacitated persons). This highlights the critical role notaries play in ensuring lawful transactions occur even when parties may be unable to fully understand or engage in them legally.

Understanding Legal Capacity and Incapacity

Concept of Legal Capacity

  • The discussion begins with the notion that a human being, from conception until death, possesses legal rights and obligations. This capacity is referred to as "capacity of right."
  • Some authors differentiate between incapacity of rights and incapacity itself, emphasizing that incapacities are limitations rather than outright incapacity.

Examples of Incapacities

  • Article 403 illustrates an example related to family law, highlighting certain individuals' inability to marry each other due to legal restrictions.
  • Various laws outline specific incapacities within the legal framework, including those applicable to judges or real estate brokers.

Nature of Nullity in Legal Acts

  • If a legal act is performed by someone who has a specific incapacity at that moment, the act is deemed null and void.
  • Absolute nullity means that such acts cannot be confirmed or become valid over time; the right to demand annulment remains intact indefinitely.

Protection of Public Interest

  • The rationale behind these incapacities is not solely for individual protection but also for safeguarding public interest and preventing judicial fraud.

Distinction Between Capacity of Right and Capacity of Exercise

  • The capacity for exercise refers to an individual's ability to enact their rights or fulfill obligations. It is presumed full unless specified otherwise.

Incapacities Defined by Law

Categories of Incapable Persons

  • Certain groups are legally defined as incapable: unborn persons, minors under 18 years old, and those declared so by court judgment.

Rights of Unborn Persons

  • While unborn persons have the capacity of right from conception, they lack the capacity for exercise. Their rights must be exercised through parents or guardians.

Progressive Capacities in Minors

  • Minors possess what is termed "progressive capacity," which allows them certain rights as they age—beginning at around 13 years old.

Health Decisions for Minors

  • From age 13 onwards, minors can make decisions regarding non-invasive health treatments independently; invasive treatments require parental consent.

Full Capacity at Age 18

Understanding Capacity and Legal Status of Minors

Legal Framework for Minors' Capacity

  • The discussion begins with the connection between restricted capacity and incapacity, noting that minors can engage in small contracts from age 10, regardless of their actual age.
  • It is emphasized that while legal capacities are defined by law, individual maturity levels vary; a 16-year-old may have the maturity of a 20-year-old but is still legally considered incapable until they turn 18.
  • The speaker clarifies that even if a minor demonstrates sufficient maturity, they remain legally incapacitated until reaching adulthood at 18 years old.

Judicial Considerations for Minors

  • There is an option to petition a judge to assess a minor's capacity for specific legal acts, but until such evaluation occurs, minors under 18 are deemed incapable.
  • This incapacity does not negate the existence of certain abilities; it highlights the importance of understanding both legal definitions and individual circumstances.

Professional Opportunities for Minors

  • Article 30 of the Civil Code allows minors with professional qualifications (habilitantes) to practice their profession and manage earnings independently.
  • Examples include artistic professions where minors may start training early and eventually teach or practice professionally.

Financial Management and Exceptions

  • A minor with a habilitating title can manage income from their profession independently, marking an exception to general incapacity rules regarding financial matters.
  • This independence applies only to income generated through qualified work; it does not extend to all aspects of their social life or property management.

Age Considerations in Professional Context

  • The debate exists around whether there should be a fixed age (often cited as 16 years old based on various articles in civil law), but opinions differ among scholars regarding this threshold.
  • Recommendations suggest favoring older minors (e.g., those aged 16+) when assessing legal responsibilities to mitigate risks associated with immaturity in younger individuals.

Distinctions Among Professions

  • Different doctrines exist concerning artists versus other professionals; artists often lack formal habilitating titles yet can work under parental supervision.
  • The distinction lies in whether the institution providing certification has proper authorization—only recognized institutions confer valid habilitating titles.

Challenges Faced by Young Artists

  • Young artists face unique challenges managing finances due to parental control over earnings unless they possess an official habilitating title.
  • Many young performers begin without formal qualifications but later seek professional development while navigating financial complexities related to their careers.

Understanding Emancipation and Legal Capacity in Argentina

The Role of Titles and Qualifications

  • Discussion on the qualifications of podiatrists, emphasizing the importance of verifying their educational background before making decisions regarding consultations.

Emancipation and Minors

  • Introduction to the concept of emancipation for minors, highlighting its connection to legal capacity and rights in Argentina.

Conditions for Emancipation

  • Explanation of who can be emancipated, particularly focusing on marriage as a means for minors under 18 to gain legal status.
  • Details about the requirements for minors aged 16 or older to marry, including parental consent or judicial authorization.

Effects of Emancipation

  • Clarification that once a minor is emancipated through marriage, they gain full legal capacity with certain exceptions defined by law.
  • Notable point that emancipation is irrevocable; even if a person divorces after marrying at a young age, their emancipated status remains intact.

Nullity of Marriage and Its Impact on Emancipation

  • Discussion on how nullity declarations affect emancipation; if a minor was unaware of their spouse's prior marriage, their emancipation continues.
  • Contrastingly, if the minor acted in bad faith (knew about the previous marriage), both the marriage and emancipation could be annulled.

Restrictions Imposed on Emancipated Minors

Prohibited Actions

  • Overview of three key prohibitions placed upon emancipated individuals:
  • Affirming Obligations: They cannot guarantee obligations like rental contracts due to potential financial risks involved.
  • Approving Accounts: They are restricted from approving financial accounts managed by tutors until reaching adulthood (18 years).
  • Donating Property: Complete prohibition against donating received assets without judicial approval.

Rationale Behind Restrictions

  • The rationale behind these restrictions focuses on protecting emancipated minors from taking undue risks or being manipulated financially due to their vulnerable status.

Legal Capacity and Emancipation

Understanding Judicial Authorization for Dispositions

  • The court or judge will authorize a disposition only when there is an evident advantage, such as selling land now for immediate payment rather than waiting for potentially higher future value.
  • A clear need, like funding a surgical operation abroad, can also justify the sale of inherited property, prompting judicial approval.

Emancipation and Legal Capacity

  • Emancipated individuals possess full legal capacity; however, it’s crucial to verify their emancipation status through documentation like marriage certificates.
  • To confirm emancipation, one must check the marriage certificate and ensure parental consent was given; this is essential since the civil registry would not accept a marriage without it.

Implications of Emancipation

  • An emancipated minor (e.g., someone who married at 15) may seek to purchase property at 17. It's necessary to obtain an updated marriage certificate due to potential annulments affecting their status.
  • Historically, emancipation was different; currently, in Argentina, it primarily occurs through marriage as per the Civil Code.

Distinction Between Emancipation and Other Legal Capacities

  • While some local ordinances allow minors certain privileges (like driving), these do not equate to full emancipation but are specific permissions for particular actions.
  • An emancipated individual can be held accountable in court for debts and can take on credit obligations—rights that protect non-emancipated minors from similar liabilities.

Restricted Capacity and Judicial Processes

  • Individuals with restricted capacity require a judicial process to determine their legal standing. This includes those over 13 years old suffering from addiction or mental health issues that jeopardize themselves or their assets.
  • A person declared legally incapable must undergo a judicial process resulting in a formal ruling regarding their capacity status.

Summary of Legal Statuses

  • Various groups—including minors, unborn persons, emancipated individuals—are categorized under limited legal capacities based on specific criteria established by law.
  • Restricted capacity applies when individuals over 13 have significant mental health challenges or addictions that necessitate legal intervention for protection purposes.

Conclusion on Legal Determinations

  • Both incapacity and restricted capacity require judicial rulings; unlike emancipation which does not need such formalities unless related to marital consent issues.

Understanding Restricted Capacity and Judicial Incapacity

Definition of Restricted Capacity

  • The concept of restricted capacity is defined as a legal status declared by a judge for individuals over 18 who have prolonged mental health issues or addictions that significantly impair their ability to manage personal affairs.

Purpose of Restricted Capacity

  • The primary aim of declaring restricted capacity is to protect the individual, contrasting with incapacity laws which focus on public order. This protection is essential for those unable to safeguard their own interests due to mental alterations.

Types of Support for Individuals with Restricted Capacity

  • Various forms of support are available for individuals with restricted capacity, including:
  • Simple Support: Provides advice and companionship.
  • Assistance Support: Involves helping in actions requiring mutual consent from both the individual and the supporter.
  • Representation Support: Allows the supporter to act on behalf of the individual in legal matters they cannot handle themselves.

Legal Implications and Documentation

  • It’s crucial for notaries (escribanos) to understand the type of support designated in court rulings, as it affects how legal documents are executed. For instance, if simple support is assigned, that person must sign alongside the individual with restricted capacity.

Registration and Judicial Sentences

  • Judicial sentences regarding restricted capacity must be registered officially. This includes copying the sentence into property records, which serves as a formal notice preventing individuals from acting independently without support.

Judicial Incapacity Explained

Criteria for Judicial Incapacity

  • An individual deemed incapable by judicial ruling must meet specific criteria: they should be over 13 years old and exhibit significant mental impairment that prevents them from interacting with their environment or expressing will effectively.

Distinction Between Incapacity Types

  • Unlike those with merely restricted capacity, individuals classified as judicially incapable cannot communicate their intentions through any means. However, if they can express themselves using alternative methods (like sign language), they may not be considered fully incapable.

Role of Curators in Judicial Incapacity Cases

  • A curator acts on behalf of an individual declared incapable by a court. They perform necessary legal actions during proceedings until a definitive ruling establishes permanent representation rights.

Temporary vs Permanent Curatorship

  • Courts may appoint temporary curators during ongoing cases; once resolved, a permanent curator is designated based on judicial findings about the individual's needs and capabilities.

Clarification on Terminology

  • There exists some confusion regarding terminology between "curator" and "support." While both terms relate to assistance provided under law, current codes emphasize supportive roles rather than traditional curatorial functions.

Understanding Inhabilitación and Prodigality

Concept of Inhabilitación

  • The term "inhabilitación" refers to a legal status where an individual is declared incapable of managing their own affairs, often due to prodigality or mismanagement of assets.

Criteria for Declaration

  • Individuals can be declared inhabilitados if they exhibit behaviors such as excessive spending or mismanagement of their wealth. This declaration may require judicial intervention.

Family Considerations

  • The risk posed by the individual's actions extends to family members, including spouses, cohabitants, and minor children. A parent can request inhabilitación on behalf of a disabled child.

Definition of Disability

  • It’s important to differentiate between incapacity and disability; the latter relates more to physical limitations rather than mental incapacity. The goal is to protect family assets rather than the individual’s autonomy.

Judicial Process and Restrictions

  • A judicial ruling on inhabilitación restricts certain legal acts for the individual, primarily concerning asset disposition while allowing basic activities like marriage or shopping.

Legal Implications of Inhabilitación

Types of Restricted Acts

  • An inhabilitado may still engage in some transactions but will face restrictions on significant decisions regarding asset management, which could include selling property without court approval.

Role of Assistants

  • If deemed necessary by a judge, an assistant may be appointed to help manage the affairs of an inhabilitado, ensuring that their interests are protected without completely removing their agency.

Legal Responsibility for Contracts

  • Notaries must understand the implications when dealing with contracts involving individuals who are incapacitated or have restricted capacity under articles 44–46 of civil law.

Consequences for Invalid Contracts

Nullity Due to Lack of Capacity

  • Any contract made by someone declared incapacitated is null and void if it contravenes a registered judicial decision regarding their capacity status.

Public Knowledge and Bad Faith

  • If a judicial ruling is publicly registered, any party entering into a contract with an incapacitated person does so at their own risk; ignorance does not absolve them from bad faith implications.

Notary Responsibilities

Understanding Legal Capacity and Notary Responsibilities

The Role of the Notary in Cases of Incapacity

  • Clarification on notary responsibilities regarding individuals with judicial incapacity. A notary is protected if they act without bad faith or negligence when verifying a person's legal capacity.
  • Emphasis on the importance of checking civil registry records for any manifest incapacity. If such incapacity is evident, it is recommended to obtain an updated birth certificate.

Legal Articles Pertaining to Incapacity

  • Article 45 discusses legal acts performed by incapacitated individuals before a court ruling is registered. It highlights conditions under which nullity can be claimed based on bad faith or gratuitous contracts.
  • Further elaboration on conditions that could lead to nullity, including situations where the contract's object relates directly to the individual's incapacity.
  • Article 46 addresses acts performed by incapacitated persons posthumously contested by heirs, noting its confusing nature and specific exceptions for impugnation.

Conditions for Nullity and Judicial Actions

  • The article outlines strict conditions under which heirs may contest acts after an incapacitated person’s death, emphasizing that mere initiation of incapacity proceedings does not suffice for nullity claims.
  • Discussion on demonstrating economic harm suffered due to actions taken while incapacitated, particularly relevant in cases involving deceased individuals.

Notarial Responsibility Regarding Inhibitions

  • Overview of notarial responsibility concerning public instruments annulled due to legal incapacity. It stresses the need for thorough checks against property registries for any inhibitions affecting a party's ability to act legally.
  • If a notary fails to verify existing inhibitions leading to a contract's invalidation, they may bear responsibility for resulting damages incurred by affected parties.

Distinction Between Types of Incapacities

  • Differentiation between "incapacidad de derecho" (legal incapacity) and "incapacidad de ejercicio" (capacity exercise), highlighting how these affect notarial duties and potential liabilities in case of false documentation presented during transactions.

Understanding Legal Concepts: Vices of Will

Introduction to Legal Documentation and Responsibilities

  • The discussion begins with the importance of legal documentation, specifically marriage certificates in Santa Fe, highlighting that a notary may be held responsible for the nullity of public deeds if they lack essential characteristics.

Capacity and Volition in Legal Acts

  • A query is raised regarding participants' understanding of capacity in legal acts, indicating an interactive session where attendees can ask questions.

Exploring Vices of Will

  • The speaker introduces the concept of vices of will, prompting participants to identify known types such as terror and violence.

Key Elements of Voluntary Acts

  • It is emphasized that voluntary acts must include four key elements: discernment, freedom, external manifestation, and mental state. If an act lacks discernment, it is classified as involuntary.

Types of Vices Affecting Will

  • Two main categories are identified:
  • Vices affecting the element: Error and fraud (dolo).
  • Vices affecting freedom: Violence.

Understanding Error as a Vice

  • Error is defined as a vice that occurs when one party operates under a false mental state that distorts their perception of reality or intention.
  • The speaker explains "own error," which arises autonomously without external influence. This type is considered harmless since it originates from the individual’s misunderstanding.

Common Examples and Classifications of Errors

  • Everyday examples illustrate common errors like misdirected money transfers or incorrect online purchases.

Classification of Errors

  • Errors are categorized into:
  • Error de derecho: Ignorance or unawareness of the law.
  • Error de hecho: Misunderstanding related to factual circumstances.
  • Ignorance of law does not excuse individuals from legal consequences unless explicitly stated by law.

Essential Errors Leading to Nullity

  • Article 267 outlines essential factual errors that could lead to nullifying an act if proven significant enough.

Nature and Recognition of Essential Errors

  • An essential error pertains to misunderstandings about the nature or object involved in a legal act (e.g., confusing a donation with a sale).
  • Other examples include errors regarding personal motivations expressed within legal documents or mistakes about parties involved in agreements.

Recognizability Requirement for Nullity Claims

  • For an error to be deemed essential and potentially lead to nullity, it must be recognizable—meaning it should be apparent enough for others involved in the transaction to notice.

Practical Implications

  • The discussion highlights practical scenarios where prior negotiations can demonstrate intent despite later errors during formalization (e.g., signing for an unintended vehicle).

Understanding Legal Errors and Their Implications

The Nature of Errors in Legal Acts

  • The responsibility of the notary is crucial, particularly regarding recognizable errors. An error's characteristics include its potential for rectification, akin to the principle of the legal act's subsistence.
  • If a party can recognize an error but chooses to proceed with the act as intended before the mistake, that act remains valid. This process is termed "rectification of error" or "subsistence of the act."
  • The subjectivity of errors complicates matters; distinguishing between genuine mistakes and mere changes in opinion is challenging. Legislative requirements for declaring nullity emphasize this complexity.

Effects and Types of Errors

  • Essential factual errors lead to nullity, while other types may not have such severe consequences.
  • Fraud (dolo) emerges when deceptive actions induce another party into a detrimental agreement. Unlike personal errors, fraud involves external manipulation.

Classifications of Fraud

  • There are two main classifications: essential fraud (which leads to nullity) and incidental fraud (which may result in damage claims but not nullity).
  • Direct fraud occurs from one party involved in the contract, while indirect fraud arises from third parties influencing the situation.

Actions and Omissions in Fraud

  • Fraud can manifest through actions (active deceitful acts) or omissions (failure to disclose critical information). Both forms can lead to nullity due to bad faith.
  • In cases where third-party deception occurs—like receiving false documentation—the original seller may not be directly culpable if they were unaware.

Consequences of Violence in Legal Context

  • Violence represents a defect in willpower affecting freedom; it can be exerted through physical force or intimidation. Such violence results in relative nullity and allows for damage claims.
  • For violence to invalidate an act, it must be irresistible or involve serious threats that instill fear. Minor threats may not suffice for annulment.

Notarial Responsibility Regarding Vices

  • Notaries bear responsibility concerning vices like error, violence, and fraud based on their duty to advise during transactions.
  • If a notary fails to identify an evident error during their intervention due to their expertise, they could be held accountable for any resulting annulments.

Responsibility of Notaries in Legal Context

Duty of Diligence and Liability

  • The obligation of notaries to exercise diligence and provide advice is difficult to prove, often described as "inchequeable" (unverifiable). However, it may be possible to establish liability through witness testimonies or documentation.

Nullity and Damages

  • If a nullity does not cause damages, there can be no responsibility attributed to the notary. Responsibility arises only if the error was foreseeable; otherwise, the notary bears no fault.

Fraudulent Actions and Notarial Responsibility

  • In cases involving fraud (dolo), if a notary is unaware of fraudulent actions by one party during the transaction, they are generally not liable for nullity. Their responsibility is contingent upon their involvement in any deceitful conduct rather than merely documenting the act.

Violence as a Factor in Notarial Responsibility

  • A notary's liability concerning acts of violence hinges on their awareness of such circumstances. If they are present during an act of violence or have knowledge about it, they may be held responsible for any resulting nullities.

Gender-Based Violence Considerations

  • The discussion highlights how gender-based violence impacts legal agreements made before a notary. If signs of coercion or threats are evident to the notary, they could be deemed responsible due to their failure to act against inequitable agreements.

Conclusion on Notarial Duties

Understanding Retirement Contributions and Legal Obligations

Confusion Around Retirement Contributions

  • The speaker reflects on the confusion regarding retirement contributions, noting that for many years they were unaware of certain obligations related to minimum contributions.
  • They mention a realization about their retirement fund after a long period, indicating a lack of clarity in communication from authorities.

Challenges with Payment and Compliance

  • The speaker discusses the difficulty of managing payments to the retirement fund, especially when trying to understand debts associated with it.
  • They express frustration over having to pay various fees and taxes, highlighting the complexity of financial obligations.

Understanding Health Insurance Requirements

  • There is a discussion about needing to make semiannual payments for health insurance coverage, which adds another layer of financial responsibility.
  • The speaker contrasts this with their monthly health insurance payments during earlier years, emphasizing inconsistencies in payment structures.

Professional Responsibilities and Fees

  • The conversation shifts towards professional fees associated with legal practices, particularly how different services are charged (e.g., consultations).
  • They note that pharmacies also charge additional fees for services that were previously free, indicating rising costs in healthcare-related expenses.

Navigating Tax Law as Notaries

Role of Notaries in Taxation

  • A new instructor introduces themselves and outlines their role in teaching tax law within notarial practice.
  • They clarify that notaries occupy a unique position between lawyers and accountants concerning tax matters.

Specific Tax Responsibilities

  • The instructor explains that notaries do not directly pay or collect taxes but have responsibilities related to withholding certain taxes during transactions.
  • This creates a complex situation where notaries must navigate client expectations while adhering to legal requirements regarding tax retention.

Importance of Understanding Tax Regulations

Introduction to the Session

Opening Remarks

  • The speaker acknowledges that no one enjoys discussing tax law, especially after a long day. They express understanding of the audience's fatigue and aim to make the session engaging.
  • The speaker invites participants to introduce themselves, share their educational background, and explain why they are attending this session on a Friday afternoon.

Participant Introductions

  • Mariela introduces herself, mentioning her previous studies in law at UNR in Rosario. She reflects on her career path and current focus away from litigation towards other legal work.
  • Mariela discusses her renewed interest in notary work after years of practicing law and expresses intent to take the necessary exams for it.

Mariela's Legal Focus

Current Practice

  • Mariela shares that she is currently involved in minimal litigation, focusing instead on areas like social security law and contracts.
  • She mentions referring cases for litigation rather than handling them directly due to her current practice preferences.

Experience with Notaries

  • Mariela admits she has limited experience working with notaries but has accompanied clients for consultations regarding property registration issues.

Discussion on Tax Law

Insights into Tax Classes

  • A participant shares their initial dislike for tax law but found Gabriela’s classes on money laundering interesting, highlighting the importance of engaging teaching methods.
  • The speaker praises Gabriela’s expertise and clarity as an instructor, noting her significant qualifications within the field.

Importance of Practical Knowledge

  • The goal of the classes is to simplify complex tax regulations so students can effectively prepare for exams while also applying this knowledge professionally.
  • Emphasis is placed on taking notes during class as these will be invaluable both for passing exams and future professional practice.

Further Participant Contributions

Additional Perspectives

  • Another participant introduces themselves as Arza Hera, sharing their journey since graduation and how they have focused increasingly on social security law over time.

Career Aspirations

  • Arza mentions working in a large legal firm that handles various areas including citizenship applications and intellectual property rights. They express enthusiasm about pursuing notary studies alongside their current work.

Final Thoughts on Notary Studies

Value of Notary Education

  • Participants are encouraged to pursue notary studies as it provides essential knowledge beneficial across various legal practices beyond just litigation.

Future Plans

Discussion on Notary Profession and Legal Challenges

Introduction to the Notary Field

  • The speaker reflects on their background, mentioning their studies at Siglo 21 in Córdoba and a previous extension program in Marcos Juárez. They express an interest in pursuing notarial work to solidify their knowledge.

Career Aspirations and Challenges

  • There is a discussion about the competitive nature of obtaining titular positions in Córdoba, with many roles filled through adscription rather than direct appointments. The speaker considers working in a notary office as a potential opportunity.

Perspectives on Litigation vs. Notarial Work

  • A participant shares their preference for notarial work over litigation, indicating dissatisfaction with the latter. They emphasize the need to demystify the profession of notaries, suggesting it is more complex than often portrayed.

Frustrations with Registration Processes

  • One speaker expresses frustration with registration processes, particularly regarding property registrations and marital society liquidations. They highlight daily challenges faced when dealing with registries.

Regional Differences in Registration Practices

  • The conversation shifts to regional differences, specifically mentioning Santa Fe's registration practices which are described as particularly cumbersome compared to other areas.

Educational Background and Specializations

Academic Journey and Focus Areas

  • Participants discuss their academic backgrounds, including various postgraduate degrees pursued by one individual who has opted out of pursuing a doctorate due to its difficulty.

Interest in Tax Law

  • A participant mentions disinterest in tax law despite its relevance during discussions about legal education and practice areas within the field.

Current Professional Engagement

Transitioning from Litigation to Real Estate Law

  • Another participant introduces themselves as having transitioned from litigation into real estate law after several years. They currently work at an agency focusing on contracts and legal issues related to property sales.

Future Goals

  • This individual expresses intentions to further enhance their knowledge base while preparing for future competitions within the field of notarial work.

Networking Among Peers

Building Connections

Discussion on Tax Law and Mediation

Availability and Challenges in Tax Competitions

  • The speaker expresses frustration regarding the lack of attention given to tax competitions, indicating that there is minimal engagement or support for participants.
  • There is a mention of confusion surrounding the new format of the tax competition, highlighting a perceived disconnect between students and the material being taught.
  • The speaker emphasizes the importance of preparation for written exams, suggesting that poor performance is not solely due to lack of knowledge but also how well one prepares.

Educational Background and Professional Development

  • Carolina introduces herself, sharing her educational journey from UNR to USAL Casilda, where she completed her studies while working in her hometown.
  • She discusses her motivation to continue studying after opening her own legal practice, focusing on mediation and real estate law as areas needing reinforcement.
  • María shares her background in law and mediation, noting that different institutions offer varying approaches to mediation training.

Insights into Tax Law Practice

  • The conversation shifts towards practical experiences in tax law versus accounting practices, with an emphasis on their distinct roles within legal frameworks.
  • A suggestion is made for students to take their tax exams early when opportunities arise due to potential changes in course content or exam structure.

Practical Application of Tax Law Concepts

  • The speaker stresses the need for practical exercises in understanding tax law, comparing it to physical exercise where consistent practice leads to better performance.
  • Emphasis is placed on engaging with real-life scenarios during classes as a method for reinforcing theoretical knowledge before examinations.

Teaching Philosophy and Student Engagement

  • Mara expresses her passion for teaching and hopes students will find joy in studying taxation as much as she does.

Discussion on Legal Studies and Career Paths

Personal Experiences in Legal Education

  • The speaker discusses their involvement with the Federal Council and mentions receiving updates from the official bulletin, indicating a commitment to staying informed about legal matters.
  • A conversation unfolds about one participant's journey through law school, highlighting their graduation in 2018 and subsequent challenges balancing motherhood with academic pursuits.
  • The speaker expresses a preference for not pursuing litigation, reflecting on personal experiences with specific subjects like tax law, which they found challenging yet rewarding due to effective teaching.

Recurring Themes in Legal Training

  • There is an acknowledgment of the importance of practical training in legal education, particularly regarding tax law classes that were deemed beneficial despite being perceived as tedious.
  • One participant emphasizes the need to update knowledge for upcoming competitions, suggesting a proactive approach towards continuous learning within the legal field.

Course Offerings and Practical Experience

  • Discussion shifts to course offerings related to practical experience; participants consider enrolling in auxiliary courses that provide hands-on training relevant for future competitions.
  • The value of comprehensive courses is highlighted, especially those taught by experienced professionals who can offer insights into real-world applications of legal principles.

Preparing for Competitions

  • Participants discuss strategies for preparing for competitive exams within the field of notarial practice. They emphasize understanding both theoretical content and practical skills necessary for success.
  • The conversation touches upon essential software used in notarial work (SAE), underscoring its significance in modern legal practices and how it complements traditional learning methods.

Future Aspirations and Career Goals

  • Virginia introduces herself as a recent graduate eager to start her career while expressing interest in expanding her knowledge base within notarial practice alongside her current focus on advocacy.

Career Journey in Law and Notary Services

Passion for the Profession

  • The speaker expresses a desire for everyone to enjoy their career as much as they do, highlighting the passion that drives them in their profession.
  • They mention winning a contest in 2013 and reflect on their long-standing enjoyment of the field, having studied law many years ago.
  • The speaker recounts working at a notary office during summer, which solidified their interest in pursuing this career path.

Educational Background

  • They completed their studies quickly while already working at another notary office, emphasizing the importance of practical experience alongside academic learning.
  • The speaker discusses studying International Private Law and Tax Law, mentioning how they were supported by friends during exams.

Exam Experiences

  • Despite feeling insecure about taking exams, they prepared thoroughly and faced challenges with confidence when sitting for tax law assessments.
  • A memorable moment occurred when Gabriela entered the exam room; she was well-prepared and helped ease the tension during the examination process.

Career Development

  • After passing exams successfully, Gabriela invited the speaker to teach classes, marking an important step in their professional journey.
  • They participated in various competitions for notarial positions from 2010 to 2012, eventually securing a position after multiple attempts.

Current Role and Future Aspirations

  • The speaker explains how notarial positions are limited due to regulations surrounding vacancies created by retirements or deaths of current notaries.
  • They discuss changes in competition systems for these roles based on residency requirements within provinces.

Reflections on Legal Education

  • Reflecting on legal education's evolution, they note that studying law is now approached differently compared to earlier experiences filled with stress and pressure.

Discussion on Legal Studies and Real Estate

Introduction to Participants

  • The speaker introduces themselves as Lucina Rodríguez from Marco Juárez, who graduated in December of the previous year.
  • Lucina expresses her long-standing desire to pursue a career in law since starting her studies.

Academic Background

  • She studied at Usel, specifically at the extension site in Marco Juárez.
  • Lucina mentions working in a notary office and reflects on her recent graduation.

Importance of Practical Knowledge

  • The speaker emphasizes the importance of understanding legal curves that colleagues face, particularly in real estate transactions.
  • They discuss the legal framework surrounding property transfers, referencing Law 23905 regarding onerous transfers of real estate within Argentina.

Class Structure and Content Delivery

  • The speaker acknowledges technical difficulties during the session but reassures participants about continuing with class notes.
  • They highlight practical case studies shared by instructors that help clarify complex legal situations.

Taxation and Legislative Changes

  • Discussion arises around potential changes to tax laws affecting real estate transactions, including proposals to repeal certain taxes like ITI (Impuesto de Transferencia de Inmuebles).
  • The implications of these changes are considered significant for reducing costs associated with property purchases.

Conclusion and Future Considerations