The notarial instruments are very important, since they are those where it is embodied, through a formal language, each one of the public events and all the legal acts that have an endorsement. These are carried out by means of a notary, as people who are not specialists in the subject cannot do so.
These are of great relevance to society because everything that is written in it is considered accurate information. Therefore, when it is signed by a notary, it can be check the headline of properties like houses, dates, facts and much more.
They will also be used at the moment in which a fact needs to be demonstrated without having to reach other legal instancessince what is established in the document will be taken into account for the practice that is needed without the need for more evidence.
That is why in society, they function as a public instrument and they are like an endorsement or element of public faith that originates through the notarial exercise in the institutions determined for it. If you want to know more about it, in this article we will teach you.
Meaning and definition of a notarial instrument
It is an instrument that has been validated and authorized through the action of a notary public who practices as a specialist in general law in a given territory, such as the state of Mexico. With his work, he makes these instruments acquire a official character in any of the legal acts in which they are requested.
A notarial instrument is also the original in which the notary leaves a record of one or more acts carried out in person by him on the folios. This is done under the eventual authorization of his signature and seal. In the event that there is room for declarations, they must have the signature and fingerprint of the applicant.
What is a notarial instrument used for?
It is an Instrument legally validated and authorized by a public notary specialized in law. It is this who exercises a function that allows these instruments to acquire an official character throughout legal fact in which they have been requested. That is why they should not be processed with individuals who are not specialists, since they will have no value.
How does a notarial instrument work?
It works through a professional notary public in law through a public instrument. This must exercise functions with independence of public poweras with individuals.
His work consists of draft, interpret and legalize documents as a public deed that attests to a legal fact. An example of this is a contract or that certifies a legal act, be it an inheritance, a donation, among others.
In order for it to be valid by the notary, it must pass a procedure that consists of being a legal professionalcarry out the professional practice and pass the exam to validate their knowledge.
What are the notarial instruments?
Notarial instruments are a certain collection in a orderly way of records based on the same matter. They are public instruments such as:
- Asset transfers.
- Protest records.
In other words, they are a series of documents where shape the will and the thought of men through representative writings. They are divided into:
- Notarial Public Instruments: are those that are issued through a public official or by the Notary where the above is recorded. It is signed in person.
- Notarial Private Instruments: They are those where it is recorded about the performance of an act, but that has not yet been issued by the public official but by individuals, taking into account that for it to be real it has to be notarized.
This series of documents, such as deeds, minutes and others, are incorporated by the notary into the notarial protocol. It is there where the copies of the same are kept on file according to what indicates the law and can be classified into different types. This depending on whether or not they are incorporated into the notarial protocol, they are:
- The extra protocols: They are those Instruments that do not have an official matrix that is found within the notarial instrument. They can be any of the types of facts or acts in the presence of the notary and accredited by the same as an event officially.
- Notary Protocols: This is a collection of records that is kept in an orderly manner in relation to the same matter. These public instruments can be wills, deeds, acts, either of protest or transfer of property. Also others that are determined by law.
- Registry of Public Deeds: they are extended according to the case, as are the documents, judicial or administrative resolutions that are determined by law. As well as acts as a record of acts or events that take place in the presence of the notary through his functions. As with public deeds, here every parent document is authorized by the notary and is incorporated into the notarial process.
- Registry of Wills: This record is kept directly with the notary, along with the public deed and closed will, this as a guarantee of what is established by law.
- Record of Protocol Acts: This record is extensive to the minutes of protest of securities. The records can be kept separately, in case the values of the titles are instinctive and in a printed form for your use.
What are the characteristics of notarial instruments?
Some of the characteristics of these documents are:
- They are public documents.
- They must be carried out according to the law, that is, the notary must receive the information, draw it up and translate it according to the laws of the district. This will give faith to the people who come to him to Record and authenticate a fact.
- It is formal, since this document is made according to law.
- They provide legal security to people who deserve it.
- The notary must make them impartial wayprofessionally and according to the legal terms, only in the territory in which it is authorized.
- They are authentic documents.