Escribanía - 20/09 - Parte 2

Introduction to Legal Writing Techniques

Overview of the Class Structure

• The class is conducted in-person, despite initial doubts about its feasibility.

• The focus is on legal writing techniques, with a recap of previous discussions on legal methodology.

Importance of Clarity in Legal Documents

• Emphasis on ensuring clarity to avoid ambiguity; documents must be straightforward and unambiguous.

• Recommendations include using clear formatting, such as separating ideas with punctuation and maintaining structured paragraphs.

Methodical Approach to Drafting

Structuring Legal Documents

• A methodical structure is essential for comprehensibility; while flexibility exists in order, logical flow enhances understanding.

• Historical context provided: earlier documents were often illegible and poorly organized, leading to confusion.

Evolution of Legal Writing Standards

• Reference to Mario's work that critiques public instruments and proposes a systematic approach for drafting legal documents.

• Modern practices have evolved towards more precise and methodical models compared to older styles.

Key Components of a Legal Document

Essential Elements in Drafting

• Each document should start with a header that includes necessary identifiers like the number of the deed and relevant details from judicial laws.

• Distinction between events (situations), behaviors (actions), and their outcomes is crucial for clarity in legal writing.

Example Structure for Clarity

• An example illustrates how to clearly state parties involved in transactions, emphasizing the importance of presenting information logically.

Understanding the Structure of a Real Estate Sale Agreement

Key Elements of the Agreement

• The discussion begins with the importance of including all essential elements in a real estate sale agreement, emphasizing that nothing is sacramental and must be clearly understood.

• A description of the property being sold is crucial; for example, "Mr. Juan Pérez sells to Mr. Pedro López for a specified price," followed by detailed property descriptions.

• Payment details are vital; it should specify how the price was paid (e.g., "the price of 500,000 was paid before this act in cash"), ensuring clarity on financial transactions.

• There is an inquiry about whether there’s a specific order for presenting information in the agreement, indicating that variations exist but maintaining logical flow is important.

• The speaker suggests that personal presence during discussions can enhance understanding and clarity regarding document structure and content.

Clarity in Legal Documentation

• The speaker stresses that while there may be flexibility in structuring agreements, clarity and logical presentation are paramount to avoid confusion.

• Complex payment structures (e.g., part cash, part installments) should be clearly outlined to prevent misunderstandings during transactions.

• Observations from previous experiences highlight frequent issues with unclear legal writing due to lack of reading or logical development in documentation.

• Regardless of how information is presented within the agreement, its validity remains intact as long as it adheres to legal standards.

Additional Considerations

• The speaker proposes alternative models for structuring agreements while reiterating that parties can choose their preferred format as long as it remains coherent.

• It’s essential to include payment methods explicitly—whether paid at signing or through other arrangements—to ensure transparency between parties involved.

• Ideal scenarios involve stating payments made in presence of witnesses for stronger legal backing compared to mere assertions by parties involved.

• Including declarations about capacity (e.g., confirming no incapacity or legal restrictions on participants' ability to enter into contracts), adds another layer of protection and clarity within agreements.

Final Thoughts on Documentation

• The initial section of any real estate document should encompass all necessary declarations and acknowledgments relevant to both parties’ capacities and intentions during the transaction process.

Understanding Notarial Practices

Historical Context in Notarial Acts

• The discussion begins with the importance of historical context in notarial acts, emphasizing that each act is tied to specific events and situations.

• Reference is made to Article 305 of the Civil and Commercial Code, which mandates certain identity details for parties involved in notarial acts, highlighting the legal requirements for documentation.

• It is noted that parties must justify their identities using national identity documents, which are then attached as photocopies to comply with Article 306 of the code.

• The speaker stresses that personal data provided by parties are declarations and that the notary does not attest to their accuracy; this distinction is crucial for understanding notarial responsibilities.

• Personal data required includes nationality, date of birth, marital status, and potentially spouse's name if relevant to the act being performed.

Structuring Notarial Documents

• The speaker discusses how to structure documents by including detailed information about representatives when applicable, ensuring clarity on who is represented in transactions.

• Emphasis is placed on identifying whether a representative (e.g., an attorney-in-fact) or a principal party (e.g., property owner) is present during notarization; this can affect legal interpretations significantly.

• A methodical approach to organizing document sections is suggested: starting with identity details followed by transaction specifics ensures logical flow and clarity.

• Personal preferences in formatting titles within documents are shared; some prefer uppercase while others use lowercase for consistency across different sections of notarized acts.

• The concept of "modules" for structuring information allows flexibility in document preparation—these modules can be rearranged based on individual needs during drafting.

Legal Entity Representation

• When dealing with corporate entities like corporations or limited liability companies (SRLs), it’s essential to provide proof of existence and representation within notarized documents.

• Specific details regarding corporate formation must be included: such as incorporation dates and registration numbers according to local laws, ensuring compliance with legal standards.

• For SRLs, it’s necessary to mention both private contracts establishing them and their registration details within commercial registries as part of due diligence practices.

• In cases involving corporations, similar documentation requirements apply; however, additional emphasis on public deeds versus private contracts may be necessary depending on entity type.

• Clarification around management changes within entities highlights procedural norms—such as separate minutes for appointing managers—to maintain statutory compliance without altering foundational documents.

Directorship and Representation in Civil Associations

Understanding Authority and Representation

• The discussion begins with the selection of authorities within a civil association, highlighting the roles of president, secretary, and treasurer.

• Emphasis is placed on documenting the authority of representatives, including details such as their investiture and powers granted through specific legal documents.

• It is crucial to maintain copies of all relevant documentation, especially for special powers that may pertain to multiple objectives.

Legal Justifications in Transactions

• The importance of justifying ownership when selling or mortgaging property is discussed; sellers must be legitimate owners to execute transactions.

• A clear lineage of ownership must be established, referencing previous transactions recorded in property registries to comply with legal requirements.

Navigating Complex Ownership Situations

• In cases where property ownership has changed due to succession, it’s necessary to trace back through historical records for clarity on current ownership.

• When dealing with inherited properties, detailed references are needed regarding original owners and subsequent legal proceedings related to inheritance.

Documenting Sales from Heirs

• For sales involving heirs declared by a court resolution, it’s essential to document each step clearly for transparency in the transaction process.

• If there are complications such as ongoing succession processes or partitions of inheritance, these must be explicitly noted in any sale agreements.

Ensuring Compliance with Legal Standards

• Each step taken in establishing ownership should reflect accurately in documentation; this includes detailing past transactions leading up to the current sale.

• The discussion highlights the need for thoroughness in documenting every transfer of ownership or donation among family members.

Positioning Disponents Regarding Creditors

Certifications and Legal Status

• A new section focuses on certifications required from registries and tax authorities concerning disponents' financial status.

• Specific attention is given to ensuring that all parties involved are not under any legal restrictions that could affect their ability to transact.

Addressing Potential Liabilities

Understanding the Legal Framework of Property Transactions

Key Considerations in Property Transactions

• The discussion revolves around the responsibilities of the buyer regarding existing mortgages or liens on a property, emphasizing that buyers must acknowledge and take on these debts.

• There is a concern about selling properties with outstanding tax debts, highlighting that it complicates transactions and raises questions about legal obligations for payment by the buyer.

• Importance is placed on including detailed cadastral information in property documents, such as references to tax accounts and locations, which are essential for clarity in ownership and taxation.

• The necessity of providing national or provincial tax retention details is discussed, indicating that all fiscal responsibilities should be clearly outlined in property agreements.

• The speaker emphasizes documenting various taxes related to property sales, including income taxes and gross income taxes, ensuring transparency about financial obligations during transactions.

Structuring Notarial Documents

• The closing section of notarial documents typically includes identification of parties involved and their signatures, reinforcing the importance of formal acknowledgment in legal proceedings.

• Recommendations are made for improving document readability through structured formatting—using headings and bullet points—to enhance comprehension during reviews.

• A comparison is drawn between different practices in Buenos Aires regarding how notarial acts are presented; some prefer a more theatrical format to clarify roles within transactions.

Presentation Techniques in Notarial Acts

• The speaker suggests organizing notarial acts similarly to a play program where participants' roles are clearly defined at the beginning for better understanding.

• Emphasis is placed on maintaining clarity by separating historical context from current actions within legal documents to avoid confusion among parties involved.

Final Thoughts on Document Clarity

• It’s crucial to establish identities and roles early in notarial documentation; this helps ensure all parties understand their positions within the transaction framework.

• The process involves justifying claims made earlier in documentation through proper citations and confirmations of compliance with relevant laws and regulations.

• Acknowledgment of varying approaches to fiscal identification highlights flexibility within legal frameworks while stressing adherence to established norms.

Conclusion & Questions

• The session concludes with an invitation for questions from participants, indicating an openness to address uncertainties regarding property transaction processes discussed throughout the presentation.

Attendance and Participation Issues in Class

Overview of Attendance Challenges

• The speaker expresses uncertainty about whether attendance was taken due to connection issues experienced during the session. They mention having trouble connecting throughout the day.

• The speaker notes that they recorded attendance for several individuals, including Virginia, Carolina, Julieta, and Cris. However, there is uncertainty regarding Cris's later participation.

• The speaker mentions other attendees like Ali, Agostina Molina, and Dayana Montenovo who had to leave but were present earlier in the class.

Future Class Format