NOTARIAL ACTS AND THEIR RELATIONS

Introduction

The legal act is an external manifestation of will

bilateral or unilateral, whose direct purpose is to engender, with
foundation in a rule of law or in a legal institution,
a charge or for the benefit of one or more persons, a state, is
to say, a permanent and general legal situation or by the
opposite a limited legal effect that is made in order to
create, transmit, modify or extinguish an obligation or a
right.

Through wills, sales-purchases, the

societies, the granting, revocation and substitutions of
mandates and others, notaries frequently perform acts
legal.

In this paper, we will explain notarial acts.

both the authentic act and the act under private signature, which are the
most used in the legal environment of the Dominican Republic.

We will explain the characteristics of each act and define

the differences that exist between both. We will also address the
theme of the certain date and the legalization of fingerprints.

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 Notarial Acts and Their Relations

The Authentic Act

L
The definition of the authentic act can be found in the article
1317 of the Dominican Civil Code when it states that: It is
an authentic act that has been granted before officials
public, who have the right to act in the place where it was granted
the act, and with the solemnities required by law.

The authentic act must be drafted with the solemnities.

required, aimed at increasing the guarantees that must
present as they are: to be written in Spanish, in a single
context on the front and back of the sheet of paper, without
abbreviations, blank spaces, gaps or intervals and signed
by the parties and the public official who carried it out, in accordance with
Article 21 of Law 301 on Notary.

The authentic act has greater evidential force than the

act under private signature for the following reasons:

a) Authentic acts provide evidence of their writing, without it being

a verification is necessary and can only be answered by a

extremely complicated procedure such as registration in
falsehood.

They certify its date even before the registration has been made.
corresponding.

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 NOTARIAL ACTS AND THEIR RELATIONS

c) They attest to its content subject to registration in

falsehood, for everything that the notary declares to have contacted
personally.

d) Covered by an enforceable formula, the authentic act allows

to the creditor, in the absence of voluntary execution, to appeal, without a ruling

prior to the forced execution by a competent court to

proceed to a seizure.

Article 545 of the Code of Civil Procedure addresses the

The first copies have executive force.
sentences and other judicial decisions and those of the acts
notarial documents that contain an obligation to pay amounts of
money, either periodically or at a fixed time; as well as the
second and subsequent copies of the same sentences and acts that
were issued in accordance with the law and in substitution of the
first

In this regard, article 46 of Law 301 states that:

Only the first copies or the subsequent ones that are
issued with the authorization of the First Instance Judge of
according to the following article, it may serve as a title for
perform acts of execution.

Article 47 of the aforementioned Law states that: "They may not

issue further copies that replace the first of minutes
notarial documents that contain an obligation to pay sums of money or
deliver objects subject to evaluation, but by virtue of a court order

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 NOTARIAL ACTS AND THEIR RELATIONS

from the Court of First Instance, for duly justified cause.

Mention of said vehicle will be made in the margin of the original document.

On the other hand, article 48 states that they will not be able to

issue copies of notarial acts to third parties, except in

virtue of the ruling of the First Instance Judge, as long as
justifies a legitimate interest and article 49 empowers that of the
notarial acts may issue second or subsequent copies to
the parties, or to their heirs and assigns.

Every authentic act is presumed to be lawful and done in good faith.

constituting a document that is self-sufficient with utmost

effectiveness.

It is important to highlight the fact that they are public acts or

authentic those who demand the rigor of the law, in contrast

of private signature acts, because the latter do not have to
they must be protocolized compulsorily, as the content and
The evidential force is of private interest, it only binds the parties.
appearers, their heirs and successors, do not oppose
the third parties; therefore, the notary only certifies that the signatures

were stamped in their presence, does not certify the content of the
private document.

The Dominican Civil Code clearly states the effectiveness

of the content of authentic acts in its articles 1318 to
1319, when it is prescribed that: "ART. 1318.- The document that does not

this act is authentic, due to the incompetence or inability of the official or

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 NOTARIAL ACTS AND THEIR RELATIONS

due to a formal defect, it is valid as a private act if signed

by the parties. ART. 1319.- The authentic act carries full proof
regarding the agreement that exists between the parties
contracting parties and their heirs or successors...

Referring to the faith of the public document, the Professor

Carbonier comments: "The document proves itself, without
that its material or ideological veracity can be challenged. That
difficult probative force is hard to undermine, (since the procedure of
challenge for falsehood offers very slim chances of
successes), extends to the origin and date of the document, as well as

large part of its content" (Jean Carbonier, Civil Law. p. 344.

Volume II)

We must also specify that not only the authentic acts

instrumented by public notaries have the character of
authenticity, since they also have that character:

a) The acts executed by the marshals.

b) The certificates issued by the Civil Registry Officer.
c) The acts carried out by the secretaries of the courts.
d) The acts performed by the Mortgage Conservators and
Civil Registry Directors.
e) The actions taken by the Title Registrars.
f) The acts carried out by the Consuls abroad.

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 NOTARIAL ACTS AND THEIR RELATIONS

PRIVATE FIRMA LOW LACTOBACILLUS

Dr. Gregorio Caimares in his work Notarial Essays

The act under private signature is the one granted by the
same parts, signed by them and in the absence of the officials
public.

About acts under private signature Dr. Carlos P. Romero

Butten in his work Manual of Civil Law states that: 'The acts
under private signature are acts drafted and signed by simple
individuals, who can be the parties themselves or their
mandataries. These acts can be written in Spanish or
foreigner, in which case it is translated by a judicial interpreter to
Spanish language. The use of letterhead paper is not necessary for
its validity. But for the act to be endowed with greater guarantee,
a public notary is used for the purposes of legalization of the
signs and then it is registered.

The act under private signature does not, by itself, serve as proof of the

truth of its statements. For this kind of act to have the

the probative force of an authentic act is necessary for it to be
recognized by the party being opposed or that has
legally recognized.

Regarding the legalization of signatures, Law 301 on

Notaries in its article 56 prescribe that: "Notaries shall
authority to give authenticity to the stamped signatures
by the grantors of an act under private signature. The Notary will give

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 NOTARIAL ACTS AND THEIR RELATIONS

character of authenticity to said signatures, either by declaring to have

I have voluntarily agreed to put the same, either by giving proof of

the sworn statement of that person whose signature legalizes,
that it belongs to him and that it was placed there voluntarily
date indicated in the act.

We must also keep in mind what is established in the article

58 of the Notary Law when it states that: 'The legalization
of signatures or fingerprints made as established
this Law gives authenticity to them, but does not grant
certain date for the act in front of third parties.

In general, the essential element of these acts is the signature.

signed by the parties involved but also the Code
The Dominican Civil Code submits these acts to particular forms, according to

the content of conventions, synallagmatic or unilateral

how are they:

a) Article 1325 of the Civil Code states that: "The acts

under private signature that contain synallagmatic conventions, no
they are valid only when they have been made in as many originals as
parts have intervened with a different interest. It's quite a
only original, when all people have the same interest.
Each original must mention the number of originals that are
they have done. However, it does not mention that the originals are
they have done in duplicate or triplicate, etc. cannot oppose due to
the one who has executed the agreement contained in the act.

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 NOTARIAL ACTS AND THEIR RELATIONS

b) Article 1326 of the Civil Code states that: 'The promissory note
or the promise made under private signature by which only one party
is obligated to pay another a sum of money or a thing
valuable, it must be written entirely by the hand of the one who
subscribe, or at least it is necessary, in addition to your signature, that there is

written by your hand a good or approved one that contains in letters

the sum or amount of the thing. Except in the case where the act
proceed from merchants, artisans, farmers, day laborers or
created.

c) In accordance with the provisions of Article 1327 of the Civil Code

Dominicans, we have to when the sum of money that is
the expression in the act text is different from the one expressed in
the good or approved, it is assumed then that the obligation is
for the smallest sum, even when the act is like the good or
approved to be fully written by the hand of the one who is
Thank you, unless it is proven where the error lies.

d) In accordance with the provisions of Article 1328 of the Civil Code

Dominicans, we have that documents under private signature do not
they have a date against third parties, but from the day in which:

1.- Since the day they have been registered.

2.- From the day of the death of anyone who has them
subscribed and;

3.- Since the day on which its substance has been recorded in
acts authorized by public officers.

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 NOTARIAL ACTS AND THEIR RELATIONS

We must clarify the certain date and the credibility of the

documents are different things, since the certain date
only grants the act under private signature the ability to be
recognized by third parties, meaning that from the moment the act takes place
once a specific date is established, third parties cannot deny its existence.

DIFFERENCE BETWEEN THE AUTHENTIC ACT AND THE ACT UNDER SIGNATURE

PRIVATE

Many times the act under private signature is confirmed with the
authentic and this happens when the act under private signature has been
intervened by a public official, in all that the public notary,
through the legalization of signature or authentication.

The act in private form whose signature legalization has been

intervened by the public notary has the same public faith
what they have the authentic act, although it is not an authentic act, since
It continues to be an act under private signature.

Differences abound, authentic acts are

often endowed with executive powers, that is to say, they are titles
executors, on the contrary, the totally private acts
deprived

THE TRUTH OF AUTHENTIC ACTS AND ACTS UNDER

PRIVATE SIGNATURE

Even if the document has not been registered or

transcribed and therefore does not have a certain date, it may serve as
indication of its date if corroborated by statements
testimonials.
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 NOTARIAL ACTS AND THEIR RELATIONS

When do acts under private signature acquire a certain date and

Can they be enforceable against third parties?

In principle, when they are registered, but the judges enjoy a

discretionary power, depending on the cases, to determine when a
act under private signature must be subjected to the formality of
registration to obtain a certain date against third parties.

The certain date is acquired not only by the legalization of

firms, but also by the three means listed in Article
1328 Civil Code.

TEST OF THE OBLIGATIONS OF LEGAL SITUATIONS

The legal situation is one of the conditioning aspects.

basics of the legal existence of the subjects. The situations
legal positions are those occupied by each of the subjects that
they intervene in the various legal relations.

Legal relations are usually established between two

subjects, in such a way that one of them has the duty to
to behave in a certain way and the other has the power
to demand from the previous one to perform the appropriate behavior.

This fact causes legal situations to be

traditionally grouped into two fundamental types:

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 NOTARIAL ACTS AND THEIR RELATIONS

Those that impose duties and are defined as

passive legal situations.
2. Those that attribute powers and are characterized as
active legal situations.

But these two types are not usually found in pure form in the
reality. The norm is that each of the legal situations
It simultaneously involves corresponding duties and rights.

Thus, for example, within such a generalized legal relationship

like in a sale, the one in the position of seller has the
duty to deliver the good subject to the sale, but has the
same time the right to demand that the buyer deliver it to him
stipulated price. And the buyer not only has the right to that
the purchased item is delivered, but also has the duty
to deliver the price.

The burden of proof of payment lies with the debtor because when the

the creditor has demonstrated the existence of the obligation, that one must
demonstrate the fact of the payment it invokes, by application of the

general rules inmatterfor testing.

Means of evidence: since payment is a legal act, its

test can be carried out by any of the means that
authorize thecodecivil and the procedural code, including the witnesses. The
receipt is the written instrument issued by the creditor in which
the receipt of the payment.

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 NOTARIAL ACTS AND THEIR RELATIONS

The Dominican Civil Code in its article 1316 distinguishes

five means of proof that are:
1.- The Literal Proof (Authentic Acts and Private Signature).
2.- The testimony by witnesses.
3.- The presumptions.
4.- The Oath.
5.- The confession.

The Civil Procedure Code indicates other means of

test, like the expertise, to which the courts resort in
subject of contractual or tort obligations.

On the contrary, in commercial matters, the evidence is free, which

what it means is that any means of proof is possible.

THE LEGALIZATION OF DIGITAL FOOTPRINTS

Article 56 of law 301 establishes the legalization of

traces or agrafe. What the legislator meant to say was that the
people could not read or write, but what he really said
In the law, it was that the person could not sign or that they did not know.

So this figure is based on the person declaring that they do not know.
to sign. But there are people who cannot read or write, but they know
sign. If a person knows how to make a cross, and says that that is their
firm, knows how to sign.

The notary must determine that there are two witnesses, and the
the subscriber must put the fingerprints (of the thumbs or fingers)

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 NOTARIAL ACTS AND THEIR RELATIONS

Subsequent). If you have no hands, you cannot perform acts under signature.

private.

The witnesses are those who saw the guy leave the footprints,
they are also from the obligation of the notary to have read the entire
act (hence it follows that what the legislator intended was
establish that the person could not read). The witnesses are from the
notary, they are not acting witnesses. That's why if a convention is
it's going to take place between two people who don't know or can't
they will not be able to sign, because if each fingerprint needs two

witnesses the law says that the actuary witnesses cannot be more
of two. This means that if both parties do not know how to sign,
they will have to resort to a mandate.

The acting witnesses are supposed to be able to read and

writing, they must know how to sign. The witnesses summoned to this
effects must be summoned by the notary.

The idea of implementing fingerprints does not have a character

dactyloscopic. To challenge the legalization of fingerprints, it cannot be done

to resort to a fingerprint analysis, because of the criterion of officiality

The notary's judgment is superior to any ordinary scientific criterion.
to attack the legalization of fingerprints, it must be proven that the witnesses

they were not or they were not there, or that the guy was not the one who put the

fingerprints. But the fingerprint test is not enough to

test the falsehood of the declarations.

The actuary witnesses are not the same as those summoned in the
moment of instructing the audience. If you are already a witness

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An actuary, a lawyer could hardly summon him to testify at the hearing.

regarding the verification of deeds or registration in falsehood,
because you have already stated it as a witness in the act.
Most lawyers resort to whether the act is wrong in citing those.
the same two witnesses (these two witnesses have already proposed their

testimonial will.

The legalization of the unlettered: the witnesses, being actuaries of the

notary, appear signing the act along with the

notary, hence the challenges of the acting witnesses, such as the
the notary does not legalize the signatures, they could be thought to be
of ordinary challenges, not of notarial challenges, but
logically, to avoid problems, one does not call to be a witness to
a person who has notarial blemishes, then the act
It will end with the footprints, the signature, legalization, witnesses, and notary.

The actuary witnesses, if it is an authentic act, cannot be

Called to the hearing. The witnesses of the convention can indeed be
calls to hearing.

Regarding the legalization of signatures, the Attorney General

from the Republic on its Internet portal, has the following
requirements:
Identity and Electoral Card.
2. The document must contain the notary's seal.
3. Documents signed with crosses are not accepted, if this is the case
in this case, the person must place their fingerprints in the designated location

where the signature belongs.

4. The documents must be signed by the notary or
employees, and by the parts that comprise it.
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 NOTARIAL ACTS AND THEIR RELATIONS

5. The document must have the notary's registration number, this applies to
starting from the year 2006.

6. The document cannot have an advanced date.

7. The notary's addendum cannot be on a single page if it is
this case must be numbered.
Only original documents are legalized, in case they are
The copy must be certified by the notary who executed the act.
Only documents from notaries and officials are legalized.
registered in the department.
10. When the document is a translation corresponding to a
document of our country, the original of the document is required to
translate.

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CONCLUSION

As we have seen, notarial acts are those

public instruments whose content, and at the request of the
interested parties, relationships are described, facts are recorded,
circumstances, scenarios that occurred in the strict presence of the
notary, or carried out by the registrars or public official
competent.

In terms of acts, the notary law is sober, but its

its importance is such that, according to repeated rulings of the Court
Supreme Court of Justice, it was decided that these instruments be of
mandatory acceptance for citizens.

The value of the notarial deed lies in that, as an instrument

public, it fully tests not only for the participants and
beneficiaries but for third parties. In them, the public notary is
limits itself to certifying what it sees, perceives, hears, and facts that

I personally carried out; for example, the eviction notice,

the protest of a security title, the accreditation of the physical state of a
real estate, the granting of a certain date to a private document.

In the drafting of the minutes, the notary is acting in

quality of a public notary, as it is limited to certifying the
existence of such and such facts, how they are carried out and in their
in the event of declaring the legal consequences that result from these
facts; but it is limited to that, it cannot shape them,
arrange them and interpret them.

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BIBLIOGRAPHY

Civil Code of the Dominican Republic.

2. Civil Procedure Code of the Dominican Republic.
3. Notary Law No. 301, G. O. 8870.
4. Caimares, Gregorio; Notarial Essays.
5. Jean Carbonier, Civil Law. P.344. Volume II

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