In Spain, the role of a public notary is deeply entrenched in the legal and administrative landscape. The public notary plays a vital role in ensuring the legality, authenticity, and integrity of a wide range of documents and transactions. Their work is essential for maintaining legal certainty and safeguarding the interests of individuals and businesses in Spain.
The notary is a public official whose main mission is to provide society with what is known as preventive legal certainty. This means that they contribute to ensuring that citizens, when formalizing the most important transactions in their lives (for example buying or selling a house, accepting an inheritance, donating money, etc.), they can do so legally and securely. It protects their interests and assets, avoiding potential disputes, conflicts, or legal issues in the future due to errors or illegalities.
To achieve this goal, the law grants the notary an important tool known as “public faith.” This means that documents authorized by a notary, who is an impartial witness, are presumed to be complete and truthful, allowing them to take full effect when dealing with third parties.
Based on this foundation, the notary’s primary tasks in their daily work are:
- Identifying the parties involved in the legal transaction, making sure that the individuals participating are indeed who they claim to be. Anyone that goes to the notary must verify their identity using an identification document, preventing potential fraud or identity theft.
- Ensure the legal capacity or discernment of the parties involved, by verifying that they have sufficient natural capacity to understand the act or transaction in question with full discernment.
- Verify the legitimacy of the parties for the legal act or transaction in question. This ensures that the parties have the necessary legitimacy and authority to execute the intended act or transaction.
- Ensure that the act or transaction complies with the current legal requirements.
- Inform the parties about the legal consequences of the acts or transactions they are executing, such as civil, administrative, and tax implications.
- Provide the parties with the necessary legal advice to help them achieve their desired outcome while complying with the current legislation.
- Notaries keep comprehensive records of all documents they handle, creating a permanent and public record of legal transactions and agreements. This transparent and secure record system helps prevent disputes and fraud.
Public notaries are also legal professionals who practice under a competitive regime. They compete among themselves in terms of quality, but not prices since all notaries in Spain charge the same for an identical service. This guarantees access by all citizens to any notary.
Qualifications
To become a public notary in Spain, individuals must meet strict criteria and undergo a competitive selection process. The basic requirements include holding a bachelor’s degree in law, doctorate degree or equivalent qualification in Law that guarantees their solid legal foundation. They must also pass a competitive examination known as “oposiciones”. This examination assesses candidates’ knowledge of various legal subjects, including civil law, commercial law, administrative law, and constitutional law.
Upon successful completion of the examination, individuals are appointed as notaries by the Spanish Ministry of Justice. They receive their appointment specifying their duty station, typically a specific town or municipality where they will practice.
What can the public notary assist with?
The Spanish public notary can assist in various legal matters, including but not limited to:
- Real Estate Transactions: Notaries play a central role in property purchases and sales. They ensure that the transaction is in accordance with the law and that the buyer receives clear and unencumbered ownership. They verify the legitimacy of property titles, ensure that there are no encumbrances or liens on the property, and oversee the signing of the deed of sale. Their involvement guarantees that both the buyer and the seller understand the terms of the transaction and that it is executed in accordance with Spanish law.
- Wills and Inheritance: When an individual creates a will or passes away, a notary is involved in the process. They help to ensure the legality of the document and facilitate the transfer of assets.
- Company Formation: Notaries oversee the creation of companies, ensuring that all legal requirements are met and that the articles of incorporation are correct.
- Powers of Attorney: Spanish notaries also authenticate and certify powers of attorney, which grant authority to individuals to act on behalf of others in various legal matters.
- Loans and Mortgages: In financial transactions, notaries verify the terms and conditions of loans and mortgages, providing a layer of protection for borrowers and lenders.
- Family Law: Notaries can also oversee family-related documents, such as marriage contracts and prenuptial agreements.
As we can see the State aims to provide legal certainty to the society through the role of the public notary. This ensures that legal acts and transactions that are important in people’s lives (such as buying a home, accepting an inheritance, making a donation, etc.), are carried out in compliance with current laws and with the highest degree of transparency. It safeguards the rights, interests, and assets of the people involved, preventing future disputes and legal conflicts.
Furthermore, we also see that the Spanish notaries are very present in people’s lives. When a person buys a property, establishes a company, or signs their mortgage, a notary is always there with them. Similarly, when an inheritance is divided, a will is executed, or a power of attorney is granted, a notary is also present. Most importantly, the notary’s presence is not passive or accessory, but active and essential.
In summary, the public notary in Spain plays an essential role in promoting legal certainty, preventing legal conflicts, and safeguarding the interests of individuals and businesses in a wide range of transactions and legal matters. Their presence and function are fundamental to maintaining stability and confidence in the country’s legal system, preventing fraud, forgery, and misunderstandings. Therefore, you can feel safe in the act or transaction you are carrying out in the presence of the public notary, whether it is a property sale, a business deal, or a family matter.
