OPENING OF THE PROTOCOL

It opens with the first instrument that the notary

authorize, the one who will begin in the first line of the
first page. Art. 12. C. of N.
NO REASON IS NECESSARY FOR OPENING.
It will be paid at the Treasury of the Judicial Body for
right to open Protocol. Art. 11 of C. de N.
The Special Sealed Paper Sheets for Protocol are
they will buy in the SAT in lots no smaller than 55 sheets
including the commission and are sold only to the
own notary requesting or on behalf of another notary.
Article 9 of the C. de N.

PROTOCOL CONTENT
Matrix Deeds,
Minutes of Protocolation,
Reason for Legalization of Signatures,
Notarial Deed of Granting a Will
Common Closed,
Reason for Closing the Protocol,
Index
Certificates.

FORMALITIES
They are divided into Special Sealed Paper for Protocol, THE
MATRICULAR DEEDS, PROTOCOLIZATION ACTS, REASONS OF
LEGALIZATION OF SIGNATURES and documents that the Notary registers. Art.
9 C. of N.
The following formalities must be filled in the protocol:
The public instruments will be drafted in Spanish and will be written
by machine or by hand, in a legible manner and without abbreviations;
The instruments will have cardinal numbering, and they will be written one
following another, in strict chronological order and leaving out
instrument by instrument, only the space needed for the
companies;
No titles are recorded

CARDINAL FOLIATION IN NUMBERS

In the body of the instrument, the dates, numbers or
amounts will be expressed in words. In case of
discrepancy between what is written in words and figures, will be
to the expressed in letters;
The documents to be inserted or the parts
those that are transcribed will be copied
textually;
 The tax numbering of the stamped paper shall not be
interrupt more than for the intercalation of
documents that are filed; or in the case that the
notary would have completed the series; and

Errors found in the tasks:

Blank spaces are left.
Errors are not corrected through
tested, between lines or additions.
Handwriting with poor penmanship
Sending incomplete deeds
Lack of pagination

Article 14 of the Notary Code:

The additions will be null,
line breaks and tested, if not
are saved at the end of the document and
before the signatures, the amendments
of words are prohibited.

Ways to correct errors in the

Public Instrument before being authorized
by the Notary:
Entrerrenglonaduras also known as
with the name "Between Lines".
Addition.
Tested

Line breaks also known as

with the name 'Between Lines': It is used
when we fail to record a data or
a sentence in the Public Instrument that
the Notary will authorize. They will be saved in the end
from the document before the signatures.
Violet Example 1: María Solares Monzón,
...Line breaks: Violeta, Read.
...Between the Lines: Violeta, Read.

Addition: It is used when we omit to record.

a piece of information or a sentence in the Public Instrument
that the Notary will authorize and will occur
only in lines 1 and 26 of the sheet
Special Sealed Paper for Protocol.
Example: Addition: Violeta, Read.
Tested: It is used when it is recorded.
a word or phrase incorrectly and
this error should be omitted or removed in the
Public Instrument that will authorize the
notary.
Example: María..., Tested: María, omit.

Closure of the Protocol or Notarial Register

The Protocol or Notarial Register will close on the 31st of
December of each year or earlier if the notary
will stop being bureaucratic.
The closing will be done by the notary himself, after the
last Public Instrument authorized or
canceled, for a reason
Article 12 of the Constitution.

Reason for closure will contain:

Date.
Total number of authorized Public Instruments
for a year, detailed as follows: Deed Number
Matrices, Protocoling Acts and Reason of
Legalization of Signatures
Number of Canceled Instruments,
Pages of which it is composed
Observations if any and
Notary's signature.

Example of a reason for closure:

In the city of Totonicapán, on the thirty-first of
December of the year two thousand twenty-one, the undersigned
Notary proceeds to close their protocol, which
consists of ONE HUNDRED (100) instruments, of which
there were seventy-five public deeds
authorized, ten protocol records, ten
reasons for the legalization of signatures and five
canceled instruments. It consists of one hundred
and six sheets.

THE INDEX
It will be distributed in 5 columns that will contain:
Order number of the Instrument.
Place and date of issuance.
The names of the grantors.
Object of the Instrument.
Folio in which it begins.
Articles 15 and 16 of the Notary Code

Taxes to be covered in the Index:

A tax stamp worth Q 0.50
on each page.
Article 5 numeral 6) of the Stamp Law
Fiscal and Special Sealed Paper
for Protocols.

PASTE:
The notary will order the Protocol to be bound.
within the thirty days following its
closure.
Articles 18 and 81 numeral 6) Notary Code.
NOTARIAL OBLIGATIONS
a) Specific to the notarial function: Obligations or rules of
formal compliance or instrumental duties (preliminary,
simultaneous
b) Obligations that arise from the authorization of the
public instruments (subsequent).
c) Deontological obligations (to provide good advice,
address and good relationships with clients, colleagues, and the
State.
And within the obligations of making the notary of
compliance with the Notary Code must be met,
those that are related to the
Protocol.
A writing following
another
No abbreviations, nor numbers
Consecutive date
Folded
No blank spaces

Notary's Responsibility
It is advisable for the Notary to be morally and intellectually qualified.
to achieve its function without harmful results.
The civil liability of the Notary aims to repair the
unjust consequences of conduct contrary to law.
The Notary is a liberal professional who provides his services in favor of his
client, there being a contractual obligation that translates into
compensation for damages and losses caused, e.g. due to nullity
of an instrument.
The three elements required for civil liability to exist:
That there is a violation of a legal duty, by action or omission of the notary,
that there is fault or negligence on the part of this and that it causes a
prejudice.

Crimes that the Notary may commit

in the practice of the profession:
Improper advertising. 222
Disclosure of professional secrecy 223
Special case of fraud. 264
Material falsehood. 321
Ideological falsehood. 322
Suppression, concealment, or destruction of documents. 327
Revelation of secrets. 422
Seal violation. 434
Responsibility of an official when authorizing a marriage. 437
Non-compliance with formalities in authorizing a marriage. 438

In Guatemala, the Notary incurs liability.

disciplinary action when failing to adhere to professional ethics, threatens the
prestige or decorum of the profession, being the Court of
Honor of the Bar Association and Notaries that
is responsible for receiving complaints and following the procedure
corresponding.

THE PURCHASE AND SALE

It is a contract by which one party called
seller transfers the ownership of a thing or an
right to another call buyer by means of payment of
a certain price and in money.
ELEMENTS:
Parties: The buyer and the seller. Art. 1792-1793.
Real: The thing and the price. Art. 1791.
Formal. It is typically consensual.
Contracts subject to registration must be drafted in writing and in a public deed.

CHARACTERISTICS;
BILATERAL
ONEROSO
Commutative
PRINCIPAL
OF EXECUTION
INSTANT
CONSENSUAL

OBLIGATIONS
PREVIOUS
DPI OF BOTH GRANTORS
 TITLE OF PROPERTY
PLAN IF IT IS ABOUT
DISMEMBERMENT
NIT
LAST PAYMENT RECEIPT OF
IUSI
LATER
REASON THE TITLES OR
DOCUMENTS THAT ARE PRESENT
IN SIGHT
SPECIAL TESTIMONY (AGP)
FIRST TESTIMONY (CLIENT)
NOTICES TO THE MUNICIPALITY AND
TO THE DICABI

OTHER MODALITIES
BUYING AND SELLING OF REAL ESTATE WITH MORTGAGE GUARANTEE.
BUYING AND SELLING OF A PROPERTY FRACTION.
BUYING AND SELLING OF PROPERTY WITH USUFRUCT RESERVATION.
BUYING AND SELLING OF UNREGISTERED POSSESSORY RIGHTS.
REAL ESTATE PURCHASE AND SALE WITH RESERVATION AGREEMENT
OF DOMAIN.

BUY-SELL WITH RESERVATION OF DOMAIN AGREEMENT

It is the installment payment system with a retention of title agreement.
That is to say, it is an institution that the law places at the service of both the merchant
like the individual who sells goods with payment for the price in installments.
The seller has no availability of the good and the only thing he can do is
is to cede, transfer, or sell your credit only having in your favor that the
The buyer may not sell or encumber the asset.
The right of first refusal is a legal term widely used in the field
of the purchase and sale. It refers to the ability of a person to acquire
something that another person is going to alienate, preferentially, and
always for the same price that a third party would be willing to pay
for her.
ARTICLE 498.-(Right of Preemption).- If it is necessary to grant
exploitation of all or part of the common thing, any of the co-owners
will have a preferential right to obtain it under equal conditions
that offers the best proposal.
The right of first refusal is the tenant's ability to acquire the
housing preferably over a third party by paying the same
amount of money. The owner must inform in advance to the
tenant of his intention to sell the house, as he has priority to
buy it under the same conditions and price as another buyer.

The characteristics that can identify a co-ownership right:

Plurality of subjects that participate in the ownership of a right of
property, object or asset and legal relationship that encompasses everyone regarding the asset or
goods.

DISSOLUTION OF A CONDOMINIUM:
A) Alienation of the asset to a third party.
B) Reunion of all the fractional shares into a single owner.
C) Division and partition of the common good.
D) Loss of the property rights of the co-owners.

TESTIMONIALS, COPIES OR TRANSFERS

They are the different names that the doctrine gives to the faithful copy of the
matrix deed issued by a Notary.
It is the literal reproduction of a notarized public instrument, authorized
by a competent Notary with the formalities of law.

All pages must be numbered, sealed, and signed.

The number and date of the public instrument must match the
reason for the testimony.
The copies or photocopies of the testimony must be legible.
The place, date, number of pages, and person to whom it is addressed must be indicated.
The testimony is compelled.
The testimony must be extended by the authorizing Notary, the Director.
from the General Archive of Protocols or the custodian of the protocol
assigned by the Notary who is temporarily unable to
do it.

Testimony.
Faithful copy of the original deed, act of protocolization and reason for legalization issued to the
interested the Notary who authorized or another expressly authorized. Arts. 66-68 CN
OPENING OF THE PROTOCOL
It opens with the first instrument that the notary
authorize, the one who will begin in the first line of the
first page. Art. 12. C. of N.
NO REASON IS NECESSARY FOR OPENING.
It will be paid at the Treasury of the Judicial Body for
right to open Protocol. Art. 11 of C. de N.
The Special Sealed Paper Sheets for Protocol are
they will buy in the SAT in lots no smaller than 55 sheets
including the commission and are sold only to the
own notary requesting or on behalf of another notary.
Article 9 of the C. de N.

PROTOCOL CONTENT
Matrix Deeds,
Minutes of Protocolation,
Reason for Legalization of Signatures,
Notarial Deed of Granting a Will
Common Closed,
Reason for Closing the Protocol,
Index
Certificates.

FORMALITIES
They are divided into Special Sealed Paper for Protocol, THE
MATRICULAR DEEDS, PROTOCOLIZATION ACTS, REASONS OF
LEGALIZATION OF SIGNATURES and documents that the Notary registers. Art.
9 C. of N.
The following formalities must be filled in the protocol:
The public instruments will be drafted in Spanish and will be written
by machine or by hand, in a legible manner and without abbreviations;
The instruments will have cardinal numbering, and they will be written one
following another, in strict chronological order and leaving out
instrument by instrument, only the space needed for the
companies;
No titles are recorded

CARDINAL FOLIATION IN NUMBERS

In the body of the instrument, the dates, numbers or
amounts will be expressed in words. In case of
discrepancy between what is written in words and figures, will be
to the expressed in letters;
The documents to be inserted or the parts
those that are transcribed will be copied
textually;
fiscal receipt of one hundred quetzals with serial number two thousand ten.
Totonicapán, July eighteenth of the year two thousand twenty-one.

EXAMPLE
THIS IS THE FIRST TESTIMONY, of the public deed number —- (—-), that
I authorized in the municipality of —-, department of Totonicapán, with
date ....., and that to deliver to —-, I extend, number, seal and sign in
three sheets of legal size bond paper, with the previous two being paper
special photocopy, printed on both sides on the first one, the second
only on its front and the third where this reason is stated to the
that to cover the payment of the Value Added Tax -VAT- to which it is
Attached to this contract is a tax stamp of one hundred.
quetzals, with serial number: one million one hundred two. In the municipality
de —-, department of Totonicapán, fourteenth of August of the year two thousand
twenty-one.
Signature and seal of the Notary.

CIVIL CONTRACTS AND NOTARIZATION

PROMISE AGREEMENT.

UNILATERAL PROMISE
It is the stipulation that one person makes in favor of another, granting them the option to
to acquire a thing or a right under the agreed conditions and for the time
agreed.
IT IS WRITTEN IN PUBLIC DEED. If the future contract to which they are obligated must be executed in
public deed. It must be registered in the Registry if it is about
of real estate or real rights.

TAXES
IN THE TESTIMONY
SPECIAL: 2 PER THOUSAND, FOR BEING
A CONTRACT OF
DETERMINED VALUE

IN THE FIRST TESTIMONY:

● FISCAL TAX OF
FIFTY
QUETZALES.
Article 5 numeral 16 of
Decree 37-92

DONATION CONTRACT BETWEEN LIVING PERSONS.

Arts. 1855 to 1879

ELEMENTS:
REAL
THE THING

PERSONAL:
DONOR AND
DONOR
FORMAL:
IN PUBLIC WRITING
IF IT IS A PROPERTY REGISTERED IN THE REGISTRY.

The donation inter vivos in a transfer contract

domination, very common among parents and children, where a
father in a gesture of detachment and kindness transfers
in favor of a child the ownership of an asset.

LEGAL REGULATION:
DONATION BETWEEN LIVING PERSONS: Contract by which one person transfers to
another property of a thing free of charge.
It also regulates the pure and simple, remunerative and onerous.
THE BURDENSOME: Imposes on the donee some burden, encumbrance, or provision.
less than the value or utility of the donated.
The REMUNERATIVE is the one that is given to a person for their merits or
services
provided to the donor.

OBLIGATIONS:
PREVIOUS:
• DPI
Title that certifies ownership
Latest receipt of IUSI payment

POSTERIOR
• Reason the titles or documents that are in sight.
Special testimony (25 business days)
Testimony for the donor. (Record)
Notices to the Municipality and/or DICABI
TAXES:
SPECIAL TESTIMONY: For being a contract of
determined value is two per thousand
about the value of the contract. Amount that does not
must exceed the maximum limit of Q300.00.
TESTIMONIAL FOR THE CLIENT: VAT is paid
What is the 12%
 POWER OF ATTORNEY AGREEMENT.
Contract that takes place when one party gives another the power, which the latter accepts,
to represent her in order to carry out an act in her name and on her behalf
legal or a series of acts of that nature.
It can be general if it covers all the client's businesses; and, special if
it refers to specific businesses.
In Guatemala, mandates are regulated: GENERAL, SPECIAL AND
JUDICIAL

MANDATE
A person entrusts another with the performance of one or more acts or
businesses.
In the mandate with representation, the agent acts on behalf of the
the principal and the businesses he carried out within the powers granted to him
Once conferred, they directly bind the represented party.
In the mandate without representation, the mandator acts on behalf
own, without third parties having direct action against the
principal. In Guatemala, they have little use, because they do not compel the
mandator.

CHARACTERISTICS OF THE MANDATE.

It can be burdensome or free.
It is a typical or named contract.
It is a main contract.
It is a commutative contract.
It is a contract of successive performance.
It is a bilateral contract.
It is consensual.

CLASSIFICATION:
•With representation: The representative acts on behalf of the principal; and Without
representation: The official acts in his own name for the benefit of
Principal. Art. 1686.
•General: It covers all the businesses of the principal or agent; and
Special: It refers to one or more specific matters. Art. 1690.
Civilians: Those that are celebrated or instituted with the fundamental purpose that the
the agent can act on behalf of the principal in purely
civil character Ex. Sale, mortgage; and Commercial: It is given for purely
mercantile. For example, cashing a check.
•Costly and free. They are given when stated explicitly. Art.
1689
•Express and implied. Regarding their granting and acceptance. Art. 1687
Judicial: See L.O.J.

LEGAL NATURE: It is a management contract although the civil code it

is located as a preparatory contract along with the promise, the option and the
society.
The substitution of the mandate can be total or partial, with or without reservation of
exercise of the mandate by the original agent, in accordance with
Article 190 literal n) of the LOJ, which although is specifically applicable to
Judicial mandate is also a civil mandate.

REVOCATION: It is the unilateral act by which the principal, without

incur any liability, ends the mandate and breaks the
contractual link with the agent. It is a right
irrevocable of the principal.

The mandate must be in public writing as an essential requirement for its

existence.

END OF MANDATE.
For the fulfillment of the assignment.
Due to the death of the principal.
Due to the death of the leader.
Due to the resignation of the leader.
Due to the revocation of the mandate by the mandator.

TAXES
SPECIAL TESTIMONY: For being a contract of value
indeterminate, a notary stamp of Q10.00.
TESTIMONY FOR THE MANDATORY:
In fiscal stamps:
general mandate Q10.00
special mandate Q2.00
THE JUDICIAL MANDATE
The mandate that can only be exercised before the courts
of justice
There is a discrepancy regarding whether it should be placed in the category of a
special mandate or not. This need is also due to the payment of
the taxes.
THE MANDATARIES MUST BE LAWYERS OR RELATIVES OF
MANDANTE.
Read Arts. 188 to 190 LOJ

PROTOCOLIZATION OF MANDATE GRANTED ABROAD

IT IS THE MATERIAL AND LEGAL INCORPORATION
OF THE DOCUMENT TO THE NOTARIAL PROTOCOL THAT
It can be the same notary who
AUTHORIZED ABROAD OR OF ANY
ANOTHER COMPETENT NOTARY.
THE PROTOCOLLED DOCUMENT AND THE ACT OF
PROTOCOLIZATION WRITTEN BY THE NOTARY
BECOME A SINGLE DOCUMENT

When a document from abroad is formalized, there is the

obligation to notify the General Archive of Protocols. Art. 40 LOJ.

REVOCATION OF MANDATES
The mandates can be revoked by the principal.
It is advisable that a settlement be granted, noting that there are no ...
accounts to settle.
If only the principal appears to revoke, it is necessary to notify in due form.
the revocation of the mandate is authentic.

SUBSTITUTION OF THE MANDATE

The official who has the authority to do so can replace the mandate that has been given to him.
granted to another person, so that a third party may be presenting
by the principal for said substitution.
It is customary to transcribe the mandate that is being replaced, so that the third party has
the same powers as the replaced one, although there is no regulation regarding
this.

THE WILL
IT IS NOT A CONTRACT, BUT A LAST WILL ACT, WHICH MUST
TO BE GRANTED MANDATORILY IN PUBLIC DEED AS
ESSENTIAL REQUIREMENT OF VALIDITY.

THE WILL IS THE ACT BY WHICH A PERSON DISPOSES

FOR AFTER HIS DEATH, ALL HIS ASSETS OR PART OF THEM
THEY.
IT IS A DOCUMENT THAT STATES THE WILL OF THE TESTATOR,

EVERY PERSON CAPABLE OF CIVIL ACTION CAN DISPOSE OF THEIR PROPERTY

BY MEANS OF A WILL IN FAVOR OF ANYONE WHO DOES NOT HAVE

INCAPACITY OR LEGAL PROHIBITION TO INHERIT...
ARTICLE 934 CIVIL CODE.
****Read arts. From 934 to 938 of the C. C

LEGAL REGULATION
Every person capable of civil rights can dispose of their assets.
BY TESTAMENT IN FAVOR OF ANYONE WHO DOES NOT
HAVING INCAPACITY OR PROHIBITION
"LEGAL TO INHERIT" ART. 934 CIVIL CODE

THE CONTRACT OF RECIPROCAL SUCCESSION IS PROHIBITED BETWEEN

SPOUSES OR ANY OTHER PERSONS; AND IT IS VOID THE
WILL GRANTED BY VIRTUE OF
CONTRACT. ART. 937 CIVIL CODE.

IT IS PROHIBITED FOR TWO OR MORE PEOPLE TO MAKE A WILL IN

A SAME ACT
ART. 938 CIVIL CODE

DIFFERENCE BETWEEN INHERITANCE AND LEGACY.

INHERITANCE:
ASSIGNMENT TO
UNIVERSAL TITLE. ES
UNIVERSAL DOES HAPPEN
TO THE CAUSATIVE IN
ALL YOUR ASSETS,
BUT ALSO IN THEIR
OBLIGATIONS
TRANSMISSIBLE.

LEGACY: ASSIGNMENT
A PARTICULAR TITLE.
IS PRIVATE
WHEN IT HAPPENS IN
ONE OR MORE GOODS
DETERMINED.
THE LEGATEE
RESPOND ONLY
FROM THE CHARGES THAT
EXPRESSLY HAVING
TAX THE TESTER,
IF HE DID IT.
Forms of Wills.
REGARDING THEIR SHAPE, THEY ARE COMMON AND SPECIAL
THE OPEN AND THE CLOSED ARE COMMON
THE MILITARY, MARITIME WILL IS SPECIAL, IN PLACE
UNCOMMUNICATED, THE ONE OF THE PRISONER AND THE ONE GRANTED ABROAD.

OPEN COMMON WILL

IT IS GRANTED IN A PUBLIC DEED
AS AN ESSENTIAL REQUIREMENT FOR VALIDITY
THE TESTATOR DELIVERS A DRAFT TO THE NOTARY
OR THE WORD HE SAID HIS LAST WILL
THE NOTARY DRAFTS THE WILL
COMPLYING WITH THE FORMALITIES OF THE CODE
CIVIL AND ARTS. 29, 31, 42 AND 44 OF THE CODE OF
NOTARY.

OPEN COMMON WILL OF THE BLIND

THREE WITNESSES MUST APPEAR.

READ ALOUD TWICE, THE FIRST BY THE NOTARY

AUTHORIZE.

AND THE SECOND BY ONE OF THE WITNESSES CHOSEN BY THE TESTATOR.

OPEN COMMON WILL OF THE DEAF.
THREE MATERIAL WITNESSES MUST APPEAR
THE TESTER IS REQUIRED TO READ ALOUD IN AN UNDERSTANDABLE VOICE THE
INSTRUMENT IN THE PRESENCE OF THE NOTARY AND THE WITNESSES,
MAKING IT KNOWN IN THE WILL.

PREVIOUS OBLIGATIONS BEFORE THE GRANTING OF THE DEED OF

OPEN COMMON WILL.

THE TESTATOR'S PERSONAL DOCUMENT IF NOT KNOWN OF

NOTARY
TWO INSTRUMENTAL WITNESSES
THE PROPERTY TITLES OF THE
ASSETS TO BE DISPOSED OF IN THE WILL VERIFYING
REGISTERS AND DATA.

SUBSEQUENT OBLIGATIONS
SPECIAL TESTIMONY TO THE ARCHIVE
GENERAL PROTOCOLS. (25 DAYS)
BUSINESS DAYS
COPY THE TESTIMONY FOR THE TESTER
ONLY.
NOTICE TO THE GENERAL REGISTRY OF THE
PROPERTY (NEXT 15 DAYS) (ART.
1193 CIVIL CODE AND 45 CODE OF
NOTARIZED

TAXES
SPECIAL TESTIMONY: NOTARIAL STAMP OF
TWENTY-FIVE QUETZALES (Art. 3, numeral 2, literal
D) of Decree 82-96 of the Congress of the
Republic
Testimony or copy for the tester (Art. 75)
Notary Code does not cover any tax
fiscal for being an indeterminate value.
The inheritance tax will be paid until
deceased testator according to the inventory of the
mortual at the end of the succession process
testamentary, when the liquidation is carried out
fiscal.

DRAFT NOTICE OF WILL AUTHORIZATION

GENERAL REGISTER OF PROPERTY OFFICER
In compliance with the article and for the purposes of the registration in the book of
Open Wills to you attentively:
NOTICE:
I) In public deed number ... I authorized the OPEN COMMON WILL of Mr. ...
seventy years old, married, farmer, Guatemalan, from this residence, identifies with the
personal document Two thousand space Zero four thousand Zero eight hundred one (2000 04000
0801), extended by the National Registry of Persons
II) PLACE AND DATE: In the city of Totonicapán, on the thirtieth day of August, two thousand
twenty-two, from 15:00 to 16:00 hours, in my professional office located on the tenth
Avenue of Script Twenty-Five in Zone Two of this city
III) PAGES IN WHICH IT IS FOUND: Content on pages forty and forty
and one, from the notarial register of this year under my responsibility, and protocol paper pages of the
number 00035 and 00036, with registration numbers 0035 and 0036.
IV) The Testator: YES, I SIGN.
Totonicapán, September 2, 2022.
(Signature, stamp, and address of the Notary).

Revocation of Will
The testator can dispose of their property at any time.
repeal
There are three ways to do it:

1st Granting a new will, rendering the previous one null and void.
2. Revoking the granted will, without granting a new one.
3. For the alienation made by the testator of all or part of the assets left
in a will.

COMMON CLOSED WILL

The formalities of the will must be fulfilled.
common open contained in Art. 959 of the Code
Civil being the following:
1) On common paper, the testator drafts their own will and signs it.
The will is placed inside an envelope which is sealed.

3) In the presence of the Notary and two instrumental witnesses, and interpreters if
if necessary, the testator will declare that the document he presents contains his
will, declaring that he wrote it if that were the case
On the cover of the will, the notary issues a notarial certificate of
granting.

5) After the notarial document is drafted and read, it will be signed by the testator, the witnesses, the
interpreters if they would and the notary will authorize it with his signature and seal.
6) Authorized the closed will, the Notary transcribes it into his protocol the
granting deed, this transcription must be signed by everyone
those who intervened.

Finally, the Notary hands the closed cover to the testator for them to keep.
in your possession or entrust its custody to a person you trust or to yourself
Notary. This must also be recorded in the deed.
OPEN COMMON WILL GRANTED BY THE SAME NOTARY.
Legal basis Art. 77, numeral 1, literal a) of the Notary Code
The Notary must comply with the formalities to draft his own will.
of the same, with the difference that the granting is BY ME AND IN FRONT OF ME

DONATION DUE TO DEATH.

They are governed by the same provisions of the wills regarding legacies.

With the difference that only one or more assets are being made available, not all of it.
inheritance.

This provision can be for only one thing in favor of an individual or

legal

This provision can be made for 1 single thing or for 1 amount in favor of
1 individual or legal entity.

All the formalities required for the will must be fulfilled.

THE LEASE.
Contract by which one party grants the other the temporary use of a thing
for a certain amount of money.

The Civil Code defines leasing as the contract by which one of the
one party agrees to grant the other the use or enjoyment of a thing for a certain period of time,
change of payment for a determined price for such use or enjoyment.

The Civil Code expressly states that the tenant is obliged to pay the
expenses incurred in the drafting of the rental contract. However, in the
In practice, the landlord and tenant should discuss this aspect beforehand.

ELEMENTS OF LEASE.

PERSONAL ELEMENTS:
Lessor. Person who owns the asset and grants it to another.
person for use and enjoyment for a period.
Tenant. Person who receives that non-fungible asset and will be
use and enjoyment for a determined time of the same. Both parties must be
capable.

The lease contract can be made through a representative, if it is

with authorization and with special clause the mandate. Art. 1884 civil code.
The administrators of companies, if the company is commercial (company
anonymous)
The executors can lease the assets that belong to the
hereditary mass. The spouses give their consent when it is greater than 3
years or give rent advance for more than a year.

Lessor: The owner of a real estate asset who, through a contract of

lease or rental, promises to lease the entirety or a portion of the
property to another person (a 'tenant') for their exclusive use, generally,
for a certain period of time and in exchange for an amount of money
awake.
Lease: It is a written contract entered into between the landlord (owner or
administrator) and the tenant (renter or occupant), by means of which it
grants the lessee the right to use and occupy exclusively the
landlord's residential property. Lease agreements have a
time-limited validity and include the rental price or
rent. It is also referred to as a 'lease agreement or rental contract.'
Tenant: It is a person who has been granted the right to use and
to occupy a rental property belonging to another person,
generally through a lease, rental, or rent contract.

The right of the tenant to exclusive enjoyment of the property, in general, is

concede in exchange for an agreed amount of money and is limited to a period of
time (usually specified in the lease agreement).

FORMAL ELEMENTS
It is typically consensual, does not require any formality, except when
Registration must be in a public deed.
LEASE CONTRACTS ARE REGISTERED:
When the term of the same is greater than 3 years.
2. When the rent has been paid in advance for more than one year.
3. When one of the contracting parties requires it.

REAL ELEMENTS and FORMAL ELEMENT

The non-fungible leased item

The rent
(The deadline)

It is not solemn but when the stipulated term is greater than 3 years or is anticipated
The lease for more than a year must be recorded in a public deed.

SOME CONTRACT REQUIREMENTS:

Number, place, and date of writing.
Notary's Name.
Information of the parties: Owner or landlord and tenant.
Contractual clauses encompass all aspects related to the express will of
the parties to formalize the contract along with the characteristics of the property and other provisions
of a legal nature.
Leasing period and the rent
Security deposit refers to the money that the tenant pays to the landlord to cover
damages not generated by the normal use of the property or by falling behind on the payment of the installments
rental. This deposit is usually equivalent to one month's rent and must be paid at
starting from the signing of the contract.
Guarantee under bond is one of the ways used by most owners or landlords to
ensure compliance with the clauses established in the lease agreement.
Use and destination of the property
Property Condition: operational conditions of services and functioning of locks,
floors and bars, among others.
Termination of the contract.

PREVIOUS OBLIGATIONS:

DPI
❖If any of the grantors were a person
legal, the title that accredits the
representation of the legal representative.
❖Title of ownership of the asset in question
leasing.

SUBSEQUENT OBLIGATIONS
❖Reason the title or documents that are in view and
whose content undergoes modification.
❖Special testimony.
❖Testimony or first testimony, which is required
registration must be submitted to the Second Registry of the
Property.
TAXES:
SPECIAL TESTIMONY: 2 per thousand of the value of
contract. The rent is multiplied by the term.

TESTIMONY FOR THE CLIENT:

No tax is covered. VAT is canceled with each rental payment.
when the invoice is issued.