Notarial Relation
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ScribdTranslationsNOTARIAL RELATION
LEGAL RELATIONSHIP
It is the contractual link when two or more people agree to create, modify, or extinguish.
an obligation art. 1517.
It is a bilateral relationship, rights and obligations are created.
PERSONAL ELEMENT: subjects who contract
Individual or legal entity
Unipersonal or multipersonal
(Multiple parties, example when there is co-ownership)
FORMS OF CONTRACTING: art. 1574 cc
BY PUBLIC DEED
2. BY PRIVATE DOCUMENT OR BY ACT RAISED BY A MAYOR
3. BY MAIL
4. VERBALLY
NOTARIAL RELATION
Legal bond that the notary has with the parties involved in the legal transaction.
Legal link that arises between the patient or client subjects and the notary also called
The agent subject creates reciprocal rights and obligations.
Relationship established between the notary and those who require his professional services,
commonly called clients.
JURIDICAL NATURE: CONTRACTUAL
Derived from the professional services contract. 2027 to 2036.
ELEMENTS
1. Personal element
2. real element
3. formal element
PERSONAL ELEMENT: the subjects of the notarial relationship ARTICLE 2027. The professionals
that provide their services and those who
Notary, subject agent those who request them are free to hire
Client, patient subject. about fees and conditions of
payment.
REAL ELEMENT: the object or asset on which the legal relationship falls.
Service: testimony of public deed, authentic signature, notarial act
consideration: fees and expenses
Fees: compensation received for the work of someone who practices or exercises a profession.
FORMAL ELEMENT: it is the manifestation or how the business is presented to others in
life or relationship with her external figure.
Formal element: verbal or written on how professional services will be contracted
articles 1574, 2027 CC.
Contracts ad probationem: it serves for the proof of it.
Essential elements ARTICLE 1518. ARTICLE 1256.
Contracts are When the law does not declare ARTICLE 1575. The
OF THE LEGAL BUSINESS contract whose value
they perfect the simple a specific form
1251CC. consent of the for a legal business, exceeds three hundred
legal capacity parts, except when the interested parties can quetzals, must
law establishes certain use the one they deem appropriate to be stated in writing.
2. consent that
formality as a requirement convenient.
Do not fall into vice. essential for its validity.
3. lawful object
TYPES OF CONTRACTS:
To comply with the solemnity and formality, the notary is included as a third party.
Solemn contract (for validity). Art 1577cc
It must be recorded in a public deed, without which essential requirement it would not have validity.
Article 1 CN, the notary records and authorizes acts and contracts.
CONTRACT:
It is an agreement between two or more wills concerning an object of legal interest that has...
to modify, extinguish a right or a legal situation.
MANDATE:
A person entrusts another with the performance of one or more acts or businesses. Art. 1686cc
LIFETIME RENTAL:
A person transfers the ownership of certain goods to another who is obliged, in return, to
periodically pay a pension during the life of the retiree. Art. 2121
TRUST (commercial)
A legal transaction by which a person called the trustor transfers assets to another
trustee call with specific purposes and for the benefit of a third party called the beneficiary.
SOCIETY
Society is a contract by which two or more people agree to share goods.
oservicesto engage in an economic activity and divide the profits. ARTICLE 1728.
DONATION BETWEEN LIVING PERSONS
The donation between living persons is a contract by which one person transfers ownership to another.
for one thing, free of charge. ARTICLE 1855.
ACTIONS:
Unilateral is the manifestation of will that aims to produce a legal effect or
modify a legal situation
WILL:ARTICLE 935. The will is a purelypersonaland ofcharacterrevocable
by which a person disposes of all or part of their assets, for after their death.
DONATION DUE TO DEATH
NAME CHANGE
IDENTIFICATION OF PERSON
Registerable contract article 1576 cc
The contracts that need to be registered or recorded in therecords, cwhatever it may be
value, must be included in a public deed.
However, the contracts will be valid and the parties can compel each other to
granting of a public deed, if its essential requirements are established by confession
judicial of the obligated party or by another means of written evidence.
WAYS TO TERMINATE THE NOTARIAL RELATIONSHIP
A. NORMAL
B. ABNORMAL
NORMAL:
1. TERMINATION OF THE NOTARIAL RELATIONSHIP QUICKLY:
When the notary has fully complied with its content and has been paid his
fees.
deliver the public instrument
the notary fulfills his obligations
clients pay their fees.
2. TERMINATION OF THE NOTARIAL RELATIONSHIP OF MORMA MEDIA:
Example of the purchase and sale: one of the parties is obligated to transfer the ownership of a thing and the
another payment in cash.
Prior obligations:
identification documents
title with which the ownership of the asset is accredited.
the last receipt of the single property tax payment.
Subsequent obligations:
special testimony to the general archive of protocols within twenty-five days
skilled following the authorization of the deed.
Delivery of the instrument, payment of fees and expenses, 15 days to pay the tax
Upon receiving the information and after 10
days since the last post without
3. TERMINATION OF THE EXTENDED NOTARIAL RELATIONSHIP:
that it has been presented opposition the
Measures of voluntary jurisdiction notary will certify the CHANGE OF
NAME
NAME CHANGE
EDICTS IN THE
Notarial deed of FIRST OFFICIAL DIARY
requirement RESOLUTION FINAL RESOLUTION
3 TIMES 30
DAYS
REFERENCING OF FILE OF EDICT
EXPEDITE TO CERTIFICATION FOR
GENERAL FILE THE REGISTER LET IT BE RECORDED
WHICH WAS BELIEVED TO HAVE BEEN
OF PROTOCOL. NATIONAL OF THE NAME CHANGE
PERSONAS
SUCCESSION PROCESS:
NOTARIAL ACT OF FIRST RESOLUTION 15 DAYS TO PUBLISH
REQUIREMENT declare the process promoted SET PLACE AND DATE AND EDICT IN THE NEWSPAPER
check the documents TIME FOR THE MEETING OF OFFICIAL
death certificate
HEIRS •citing those who are interested
AUDIENCE TO THE NOTARIAL ACT OF Notarial Act of Meeting
GENERAL PROSECUTOR'S OFFICE OF INVENTORY OF HEIRS
FAVORABLE OPINION THE NATION Inventory evaluation 8 months acceptance of the inheritance
•issues opinion may exist
previous and if there are, there must be
correct them
RESUBMISSION OF
APPROVAL OF THE
File to
JUDGE DECLARES WHO Preparation of the TAX SETTLEMENT BY
DEPARTMENT OF
THE LAST HEIRS LEGACIES INHERITANCES AND Tax settlement THE COMPTROLLER OF
ACCOUNTS
DONATIONS
Submission of the file
PASSAGE TESTAMENT
TO THE GENERAL ARCHIVE OF TAX PAYMENT
FROM THE DRIVER
PROTOCOL
ANORMAL:
FOR THE PATIENT
BY THE NOTARY
when due to external circumstances the notary finishes their work because they are unable to continue
exercising or when the client withdraws or changes notary.
BY THE NOTARY: Article 2034 cc When there is an impediment to continue presenting your
services, remains responsible and liable for damages if they separate without giving notice.
READ ARTICLE 3 AND 4 CN.
FOR THE PATIENT: article 2035 when the contract has not been completed and is not satisfied
You can terminate the contract by paying for the work and the expenses incurred.
ELECTION OF THE NOTARY
free hiring
2. theory of trust
3. theory of interest at risk
4. Guatemalan legislation
1. FREE CONTRACTING: in Guatemala, free contracting is used, the notary and the parties.
are free to hire and agree on fees.
2. THEORY OF TRUST: the notary is chosen based on the quality of the notary, the prestige, and it arises
trust between the contracting parties. it is linked to free contracting.
3. THEORY OF INTEREST IN PLAY OR RISK: choose the notary or the person who runs more
risk in the contract.
4. GUATEMALAN LEGISLATION: article 1824 unless otherwise agreed or stipulated, the seller
the seller must cover the expenses for the delivery of the sold item and the buyer those of the deed
(costs of the deed: taxes and fees)
In the cases of leasing, it is the tenant or lessee who pays the fees and the
owner who chooses the notary
but the general rule of application is that the notary is chosen based on trust since the one who runs
greater risk in the transaction and who has greater interest in it has the right to
choose the notary, although it will not always be him who pays the fees.
NOTARY PROHIBITIONS TO ACT ART. 77 CN
1. CANNOT ACT WITH HIS RELATIVES IN HIS FAVOR
There is a technical impediment as the notary authorizes an act or contract, they could not act.
with the impartiality to which he is obliged
You are prohibited from authorizing acts or contracts in favor of yourself or your relatives. However, you may authorize with the
endorsement: "For me and in my presence", the following instruments:
His will or donation due to death and the modifications and renewals thereof;
2. The powers conferred and their extensions, modifications, and revocations;
3. The total or partial substitution of powers that have been granted to him, when he is authorized to do so;
4. The acts that result in only obligations and no rights whatsoever; and
5. The amendments or clarifications that have the sole purpose of correcting errors or omissions of
manner in which he/she would have incurred, provided that they are not those contemplated in Article 96.
2. CANNOT ACT ON ITS OWN INITIATIVE
The notary can only act by legal mandate or at the request of a party art. 1 CN. ACCORDING TO
THE PRINCIPLE OF REQUEST.
the notary cannot issue a certification of facts that he witnessed without having intervened in them by
official reason, request from a party or requirement from a competent authority.
3. THE NOTARY CANNOT AUTHORIZE INSTRUMENTS THAT ARE NOT SIGNED
It cannot extend testimonies or copies of instruments that should have been canceled.
that are canceled due to lack of signature or signatures. Art. 37 cn B
The canceled deeds do not come into legal existence because there is no consent art 1251cc
If the notary signs without confirming that the parties have done the same, the certainty would be destroyed.
security that the public instrument must provide as well as the public faith it has been given
trusted to the professional.
Authorize or examine the public instruments or their testimonies before they have been signed.
by the grantors and other persons who intervened.
4. USE A SIGNATURE OR SEAL THAT IS NOT PREVIOUSLY REGISTERED IN THE SUPREME COURT OF
JUSTICE.
At any time a new signature can be registered due to having changed its features or
register a new seal.
PROHIBITIONS
Circumstances within the notarial relationship under which the notary cannot act.
of nature
2. deontological
3. physical or material.
OF NATURE: It refers to the act or contract that is expressly prohibited by law.
Examples: Sale and purchase between spouses is prohibited
Minor sells a property
Those contracts that go against public order
DEONTOLOGICAL: of an ethical nature, are those reasons of professional morality that oppose
to the performance of the notary.
Article 40. Prohibitions. The notary must refrain from:
1. To directly or indirectly compel the client to use their notarial services;
2. facilitate third parties' use of the protocol;
3. hide data that interests the client or the parties of the act or contract;
4. improperly retain documents that have been entrusted to them, or refuse to issue the
corresponding certificate, without just cause;
5. to delay or unduly hold the delivery of testimonies, copies, or certificates of the
instruments that I would have authorized;
6. omit or delay the payment of taxes whose value has been provided to you or refuse to
issue the corresponding certificate;
7. distort the legal transactions entered into by the interested parties;
8. authorize with notoriously illegal dealings;
9. unjustly modify the agreed professional fees;
10. delay or not provide the service that has been paid for partially or totally;
11. charge, without just cause, fees lower than those stipulated by the tariff; and,
12. to benefit directly or indirectly from violations of the freedom of contract in
that some institutions incur.
PHYSICAL OR MATERIAL: they are circumstances that affect the notary themselves are those facts
that constitute an insurmountable obstacle and prevent the notary from fulfilling.
Example: illness, not having a protocol.
RIGHTS AND OBLIGATIONS OF THE PATIENT
PATIENT RIGHTS:
agree on the fees articles 106 and 109 cn.
a. Fee: it is the stipend that the notary charges for their services.
2. receive an efficient professional service
3. receive a professional service in accordance with the law.
4. for compensation for damages and losses art. 2033cc
5. Let it be noted if the notary cannot continue providing his services. Article 2034
OBLIGATIONS OF THE PATIENT
to tell the truth of the act or contract.
The notary is obliged to keep professional secrecy.
2. Provide the necessary documents
That it identifies how it will credit the right
real estate: testimony of public deed, certificate issued by the registry.
Movable goods: invoice or import policy from abroad.
3. attend to the notary's advice
4. settle the expenses, taxes, and fees.
NOTARIAL RESPONSIBILITY
Within the doctrinal element of notarial law, we find the theory of the
responsibility.
RESPONSIBILITY: borronia school, argues and states that the notary must
to be scientifically prepared to carry out and analyze all elements
doctrines that are not in the law in such a way as to have assistance at the time of applying the
rules of notarial law.
the notary has scientific, legal, and academically technical moral training, needs
to know the legal framework, the interpretation and application of the law.
Technique: it refers to how to draft the public instrument, what are the terms that must be
use according to the branch of law.
All this to perform an effective notarial function that fulfills the task of ensuring the
social stability.
RESPONSIBILITY: it is a quality that people have regarding different relationships that
emerge within a social group.
Existing capacity in every active subject of law to recognize and accept the
consequences of an act carried out freely.
As long as the person fulfills their rights and obligations, they comply with
that quality of responsibility.
fulfill, exercise, and incur obligations.
Responsibility arises as a consequence of the human being's resolution with a
group of people who agree to create, modify, or extinguish rights and obligations.
Article 19loj. One cannot renounce the obligation to provide food.
GUILT
DOLO
Guilt consists of an action or
it is the will to want the harmful omission to another in which
result. it is incurred through ignorance,
ineptitude or negligence but without
articles 1646, 1648 and 11 cp
purpose of damage and for
IRRESPONSIBILITY
recklessness
It arises from guilt or from
Article 1424
Dolo
FOR OMISSION OF A REGULATION
POSITIVE
FOR TRANSGRESSION OF A
the rule is ignored or omits something NEGATIVE NORM THAT PROHIBITS
allowed SOMETHING
the notary assumes the responsibility of fulfilling the obligations imposed on him by the exercise
of his profession and the duties of the notary (specific to being a notary and those that arise from
public instrument
CIVIL LIABILITY
COMPENSATORY REPAIR TYPE IMPLIES REPARATION FOR DAMAGE OR HARM ART. 1433, 1434, 2033, 1645cc
ELEMENTS:
violation of a legal duty
2. whether there is fault or negligence
3. that causes harm
If these elements are present, the compensation for damages and losses proceeds.
Civil liability is reparatory in nature because if the instrument does not comply with the
requirements take effect and the notary must compensate for damages and losses.
Article 35 CN: ordinary trial for the annulment of the public instrument of civil liability for
the notary must be summoned, heard, and defeated in order for the responsibility to proceed.
guarantee the constitutional right of legitimate defense
CRIMINAL RESPONSIBILITY
The notary incurs in a double fraud against both the state and the client.
this responsibility, like that of the notary when subdividing public instruments, for
to incur in falsehood and other related crimes, stating legal situations and
facts that do not exist in reality or taking advantage of their function for personal benefit or
foreign, also being derived, in some cases from civil liability" "or else the
criminal responsibility generates civil liability; this is said to occur when the notary in the exercise of their duties
functions commits a crime; it is because if he/she were to commit it as an ordinary person,
although it falls under criminal law, it would not fall within notarial responsibility. For such
circumstances there are specific crimes in which the notary can incur such as
professional and before listing them, it is important to highlight the quality of public official that he
from criminal laws to the notary
Among the crimes that the notary could commit in the exercise of his profession, we have the
regulated in the Penal Code:
Improper advertising, Article 222
2. Disclosure of professional secrecy, Article 223
3. Special cases of fraud, Article 264
4. Material falsehood, Article 321
5. Ideological falsehood, Article 322
6. Suppression, concealment, or destruction of documents, Article 327
7. Disclosure of secrets, Article 422
8. Violation of seals, Article 434
9. Responsibility of an official when authorizing a marriage, Article 437
10. Non-observance of formalities when authorizing a marriage, Article 438
Article 27 numeral 12 of the Penal Code aggravating and the special disqualification for being
professional, to what Article 58 of the same code refers
It is said that convictions for forgery, theft, burglary, fraud, bankruptcy or insolvency
fraudulent, bribery, infidelity in the custody of documents, embezzlement and certain
figures of misconduct result in professional disqualification. Even the mere fact that
the motive for a prison order against the notary for any of those crimes, prevents,
immediate, to continue in the exercise of its function article 3 and 4 cn
ADMINISTRATIVE RESPONSIBILITY
The state grants public faith to the notary through the ius impenum, but in exchange for public faith.
He must notify the businesses or contracts that individuals carry out. The state is informed about
through the notices that the notary is obligated to send.
What types of notices are there:
SIMPLE: it can be that of a canceled deed, it is short and easy to draft art. 37cn
CIRCUMSTANTIATED: as the marriage notice must send a circumstantiated notice
To register with the RENAP, you must indicate the date, time, and general details of the contracting parties.
detailed.
To which official is the notice sent, see article 45cn and 27cn
What is the deadline to send the notice 38?
Penalty for non-compliance with Article 40 of the Loj
DISIPLINARY RESPONSIBILITY
It is nothing more than violating or transgressing the rules of the professional code of ethics of the court.
Honor knows about the complaints against those notaries who transgress the code of ethics.
professional.
Seeks to protect the decorum and prestige of the profession.
PROCEDURE:
Violation of a norm of an ethical nature
the complaint is presented before the honor tribunal of the college of lawyers and notaries
hearing for the defendant and the plaintiff
filling out of evidence
final resolution
imposition of the penalty if applicable
appeal against the resolution.
THE DOCUMENT
Etymology: Latin term DOCERE to teach, to show that a document has been verified.
Document: means by which the development of a
event.
Instrument, writing with which something is proven, confirmed, or justified.
CLASSIFICATION:
by its shape
2. for its content
3. by its author: public or private
BY ITS SHAPE: it can be made of wood, stone, paper, electronic
DUE TO ITS CONTENT: academic, scientific, political, social, commercial.
BY ITS AUTHOR:
PRIVATE:
PRIVATE DOCUMENT: it does not involve an official, it has been drafted by the parties
contractors or by a third party based on their honest knowledge and understanding
it has no formalities
it is not recorded in a public deed and is not registered
There is no article stating what the private document contains.
PRIVATE DOCUMENT WITHOUT LEGALIZED SIGNATURE.
It is a document AD PROBATIONE, it serves only to prove that the parties sign.
PRIVATE DOCUMENT WITH LEGALIZED SIGNATURE.
Produce faith and fully proves the signatures
Article 327 CPCYM: The executive trial proceeds when it is promoted by virtue of the following
3. Private documents with notarial legalization.
Article 54cn: notaries may legalize signatures when they are placed and recognized in their presence.
presence.
CONSTITUTES EXECUTIVE TITLE
Article 63 cn: private documents whose signatures have been able to be notarized may be protocolized.
previously legalized
Protocolize: incorporate into the protocol a master deed or another document that requires it.
formality insertion, incorporation of a document, with the formalities of the law to
protocol.
PRIVATE DOCUMENT RECOGNIZED BEFORE A JUDGE.
Product of the advance tests, article 327 cpcym: 2. the confession of the debtor rendered
judicially, as well as the fictitious confession when there is a written proof.
PUBLIC
issued by a public official
2. extended by public employee
3. extended by notary
DOCUMENT EXTENDED BY PUBLIC OFFICIAL
DOCUMENT EXTENDED BY PUBLIC EMPLOYEE
DOCUMENT EXTENDED BY NOTARY
The document drafted by a notary is called a PUBLIC INSTRUMENT.
instruct, to instruct, writing, document
PUBLIC INSTRUMENT: is any document authorized by a notary at the request of
stakeholder, in which statements are recorded that are valid between the
participants and before third parties, which is considered certain due to the intervention of the notary and
They serve as evidence in court and outside of it.
Fines: serve as evidence in court and outside the law and perpetuate the facts and manifestations of
will SEE ARTICLE 29 CN
CLASSIFICATION:
WITHIN THE PROTOCOL:
MATRIX DEED
main writing
accessory writings
declaration
expansion
omodification
orecision
canceled writings
2. PROTOCOLS
by order of the judge
by the provisions of the law
by request of a party
3. REASON FOR LEGALIZATION OF SIGNATURE
4. TRANSCRIPTION OF THE NOTARIAL ACT THAT AUTHORIZES THE PUBLIC INSTRUMENT
OUT OF PROTOCOL
NOTARIAL ACT
traditional
notarial act of presence
notarial act of requirement
Notarial notification act
notarial act of notoriety
notarial deed of reference
modern
notarial act of manifestation
notarial deed of mere receipt
special notarial act
notarial act of control or legality
2. SIGNATURE AUTHENTICATION
3. AUTHENTICATION OF COPIES OF THE DOCUMENT
LEGAL EFFECTIVENESS OF THE PUBLIC INSTRUMENT
The public instrument has formal value and evidential value.
formal value: its external form or compliance with all its essential and non-essential formalities
essentials.
Probative value: regarding the transaction contained within the instrument,
produce faith and makes full proof art. 186 cpcym.
The parties have the right to challenge them for nullity or falseness, as it may occur.
to be before a null instrument or a false instrument that individually lacks value.
Challenge: activity aimed at combating the validity or effectiveness of something that may have
transcendence in the field of law.
Regarding the notarial document, there are two causes that may give rise to its challenge:
nullity
falsehood
NULLITY: ineffectiveness in a legal act as a consequence of lacking the conditions
necessary for its validity, whether they are substantive or formal.
FUND: when it is ineffective because the act or contract containing it is affected by a flaw
that invalidates it.
It is referred to as contractual or business nullity.
THERE IS ABSOLUTE NULLITY Essential elements
1301 AD. OF THE LEGAL BUSINESS
Its object is contrary to public order. 1251CC.
2. contrary to the express prohibitive laws legal capacity
3. due to the absence of the essential requirements for 2. consent that is not flawed.
its validity 3. lawful object
Fundamental principles:
PRINCIPLE OF EXCEPTIONALITY
Due to the public faith that public instruments are endowed with, they are only null in the
cases expressly contemplated by the law, either directly or indirectly.
there are no nullities by analogy, the interest of individuals prevails, so that we do not ...
less is the legal certainty.
PRINCIPLE OF PURPOSE
The purpose of the public instrument prevails over mere formality.
the formal nullity of the instrument does not imply a total lack of legal effectiveness, but only
a decay of the same.
PRINCIPLE OF SUBSISTENCE
this manifests as a necessary consequence of the principle of purpose, because the purpose
the instrument must prevail over mere formalism.
The rectification of the instrument can be carried out by means allowed by legislation.
Deed of Extension.
Nullity of form affects the form of the instrument and is not the substance of the act it contains.
Article 31. Essential formalities Article 32. The omission of the
of public instruments: essential formalities in
Article 33. The omission of
The place and date of granting. public instruments, of the action
the essential formalities,
2. The name and surname of the to the interested party for
causes the notary to incur
grantors. 3. Reason for having had to demand its nullity, always
in a fine of five to
the documents that certify the to be exercised within the
fifty quetzals according to
sufficient legal representation of whom four-year term
the case.
appear on behalf of another. counted from the date of its
4. The intervention of an interpreter, when granting.
the grantor ignores Spanish.
5. The relationship of the act or contract with
its modalities.
6. The signatures of those involved in
the act or contract, or the digital imprint
in your case.
FALSEDAD: lack of truth or authenticity, mutation of truth, any concealment or
disfigurement of reality
CLASSES OF FALSEHOOD:
MATERIAL IDEOLOGICAL
ARTICLE 321. Whoever does so in all ARTICLE 322. Whoever, on the occasion of the granting,
or partly, a public document authorization or formalization of a public document,
false, or altering a true one, of inserted or made false statements
in a way that may result in harm, concerning a fact that the document should
will be punished with imprisonment of two to to test, in such a way that it may result in harm, will be
six years. punished with imprisonment of two to six years.
THE PROTOCOL OR NOTARIAL RECORD
ETIMOLOGY: It derives from PROTOS which means: First in its line. And from the Latin word
COLLIUM or COLLATO which means comparison or comparison.
BACKGROUND:
1. APPEARANCE OF WRITING
2. WHEN JUSTINIAN IS THE EMPEROR OF THE ROMANS
JUSTINIAN CODE: the protocol is regulated, the scribe does not have to write on paper
simple is written on special paper (the paper contained the date and the name of the emperor)
PROTOCOL: It is the ordered collection of the Matrix Scriptures, Protocolization Acts,
Reason for Legalization of Signatures, Transcript of Notarial Act of Granting of Will,
and documents that the Notary registers in accordance with the law, in volumes over the course of a year.
Arts. 8 of the Notary Code and 962 of the Civil Code
THE DEFINITION OF PROTOCOL IS DIVIDED INTO:
INSTRUMENTAL PART: matrix writing, Minutes of Protocolization, Legalization Reason of
Signatures, Transcript of Notarial Act of Granting of Will
DOCUMENTARY PART: refers to the documents that the notary registers in accordance with
this law. Reason for closure, index, report are drafted on bon paper and taxes
corresponding.
REASON FOR CLOSURE:
The Protocol or Notarial Record will be closed on December 31 of each year or earlier if the notary
it will stop being a burden.
The Closing will be done by the notary himself, after the last authorized Public Instrument or
canceled Protocol or Notarial Record and is carried out through a Notarial Reason. Art. 12 of the
Notary Code.
they are drafted on good paper since only public instruments go in the protocol article 5
and 6 of the fiscal stamp.
THE CLOSURE WILL CONTAIN
Date.
2. Total number of Public Instruments authorized during a year, detailed as follows:
2.1 Number of Deed Matrices,
2.2 Number of Protocolization Records,
2.3 Number of Signature Legalization Reason,
2.4 Number of Transcriptions of Notarial Acts for Granting Common Wills
Closed
2.5 Number of Canceled Instruments,
2.6 Pages that it consists of,
2.7 Observations if any and
2.8 Signature of the notary. Art. 12 of the Notary Code.
INDEX:
It is the public notarial document, drafted on bond paper, containing the relevant data.
that contribute to the easy identification and search of the public protocol instruments,
authorized for one year. Art. 15 cn
Numbers and abbreviations can be used.
You have to pay the 50-cent tax stamp per sheet Art. 5 and 6 of the tax stamp
THE INDEX WILL CONTAIN
1. Instrument's order number.
2. Place and date of issuance.
3. The names of the grantors.
4. Object of the Instrument.
5. Folio in which it begins.
Articles: 15 and 16 of the Notary Code
CERTIFICATES:
They are all those documents that the notary incorporates at the end of the notarial record and has
to verify that the notary has fulfilled the obligations arising from having
a public instrument authorized (preliminary, simultaneous, and subsequent) by the Notary during
A year and they go to the end of the last volume of the protocol, immediately after the Index. Art.
17 of the Notary Code.
Main examples of testimonies:
1. Receipt of payment for protocol opening.
2. Certificate of special testimonies.
3. Copies of quarterly notices.
4. Copies of notices to the Registries.
5. Copies of notices of changes in tax and cadastral registrations.
6. Copies of the receipts or forms from the SAT, where we purchased stamped paper.
special protocols.
7. Carbon copy of the Inventory Record.
8. Notice of the canceled public instruments. Arts. 17 and 37 letter c) of the Code of
Notary; 563 C.P.C and M.
Pasted
The notary will order the Protocol to be bound within thirty days following its closure.
It is the responsibility of the Director of the General Archive of Protocols: To ensure that the indexes,
special testimonies and notarial notices should be bound, with the appropriate separation. Arts. 18
y 81 numeral 6) Notary Code.
DEPOSIT
The notary is the custodian of the Protocol and responsible for its preservation. Art. 19 of the Code of
notary public.
THERE ARE 5 TYPES OF DEPOSIT
1. When the notary must be absent from the Republic for more than a year
It will be delivered in deposit quality to the Director of the General Archive of Protocols in the city.
capital and in the departments to the Judge of First Instance who will send it to the Archive
General of Protocols.
2. When the notary must be absent for less than a year.
The Notarial Registry will be deposited with another notary, and a copy of the notice must be presented.
signed by both notaries to be able to leave the country.
3. Disqualification.
For any reason of disqualification, the Notary must deliver the Protocol in their charge to the
Director General Archive of Protocols in the capital and to the First Instance Judge in the
Departments. The Judge has 8 days to deliver said Protocol to the Director
from the General Archive of Protocols
4. Volunteer.
You will deliver the Protocol under your charge to the Director of the General Archives of Protocols.
5. Death.
The Executors, heirs, relatives, or any person who has in their possession the Protocol
from a deceased notary, it must be delivered to the Director of the General Archive of Protocols in
the Capital and in the departments to the Court of First Instance and in a Municipal Head
to the Municipal Mayor who will refer it to the Director of the General Archive of Protocols.
Articles 23 to 27 of the Notarial Code.
PRINCIPLES OR GUARANTEES THAT UNDERPIN THE PROTOCOL
1. Documentary Permanence of Legal Relations. It constitutes the guarantee that the State
concede for the documentary permanence (authorized Public Instruments) that all
the acts and deeds in which the notary intervenes shall be valid or the Public Faith granted in
the Public Instrument.
2. Guarantee of Enforceability of Rights. It consists of the fact that interested parties will have their
disposition and at any time a credible proof of rights and relationships
legal entities incorporated in the Public Instrument, in which it is an essential requirement,
to have a title to be able to exercise or enforce a right; example: a recognition of
debt.
3. Authenticity of Rights. The legislative norms establish the form and the safeguard.
of the Public Instruments, thus avoiding a possible impersonation of the
Authorized public instruments, by virtue of the fact that they will maintain the order.
correlative and dated.
4. Advertising of rights. All Public Instruments can be reviewed by the
interested parties or another person, except for wills and donations for reasons of
death
5. Principle of security. Constitutional principle that the State grants to legal acts.
The authorized Public Instruments. Art. 2 of the Political Constitution of the Republic of
Guatemala.
REPLACEMENT OF THE PROTOCOL
Causes:
Loss
Destruction.
Deterioration.
Article 90 Notarial Code.
Who can file a complaint of Loss, Destruction, or Deterioration of the Protocol?
1. The Notary Himself. He will notify the First Instance Judge of his address for the effects.
of the replacement.
2. Any person: Who according to the Criminal Procedure Code can report a crime
public, have the right to inform the Judge of any fact that makes it necessary
the replacement of the Protocol.
ERRORS IN THE PROTOCOL: When the notary incurs in the following errors:
