Faculty of Tourism Management and Information Technology

Department of the Law course

Law of Registration and Notaries - 4th Year 2020

FORM OF REGISTRATION AND NOTARY ACTS

Notarial activity as a function is especially intended to give legal form to acts,

confering them public faith.

Notarial act is the formalization by the notary of a legal act stipulated by the parties. The act
Legal, it is a legal institute expressed in Article 295 of the Civil Code.
Every legal act has a content and a form, being therefore substantial and formal.
the substance of the legal act is its body, the clothing of the legal act is its form.
The notarial act, in cases where the law requires or the parties stipulate its formalization by deed.
public, is nothing more than the attire of the legal act.

Formalism of Notarial Acts

Notarial acts are written in the official language, and must be drafted with the necessary
correction, in clear and precise terms. Your terminology will be that which, in language
legal, better to translate the will of the parties, expressed in their instructions, which should, however,

avoid the inclusion in documents of anything that is superfluous.1

The document written in a foreign language must be accompanied by the corresponding translation.
which can be done by a Mozambican notary, by the Mozambican consulate in the country where the
The document was passed by the consulate of this country in Mozambique, or by a qualified translator.
that, under oath or honor commitment, I affirm, before the notary, to be faithful to the translation.

1
Article 48 of the Constitution
Os documentos passados no estrangeiro, em conformidade com a lei local, são admitidos para
instruct notarial acts, regardless of prior legalization. However, if there are well-founded
Questions regarding the authenticity of the presented document may require its legalization.
in accordance with procedural law.2

Among the various common formalities, the notarial instrument must contain:

a) The designation of the day, month, year, and place where it is drafted or signed;

b) The full name of the employee who drafted it, the mention of the respective position and the
designation of the department to which it belongs;

c) The full name, state, nationality, and habitual residence of the grantors, as well as those of
individuals represented by these, the names of the legal entities and the
names or firms of the companies that the grantors represent, with the indication of the
your seats;

d) The full name, state, and usual residence of the individuals who are to intervene as
subscribers, interpreters, medical experts, witnesses, and readers.

In terms of the general requirements (art. 52 of the Constitution), if a legal substitute intervenes in the act, in the

impediment or absence of the notary, the reason for the substitution will be indicated. The grantor who does not

whether or not they can sign, must place their fingerprint.3

Regarding the grantors who cannot or do not know how to sign, they must place on the margin of
instrument, according to the order in which they were mentioned, the index fingerprint
of the right hand. And those who cannot affix the impression of the right hand's index finger, due to reasons
of illness or physical defect, according to the finger that the notary determines; along with the impression

digital will mention the finger it corresponds to.

When a grantor is unable to provide any fingerprint, it shall be stated in the document.
to the existence and the cause of impossibility.

2
Article 50 of the Constitution

Art. 52ono5 CN
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And when any grantor does not understand the official language, an interpreter will intervene with him.
your choice, which will verbally convey the translation of the instrument to the grantor and the
declaration of will to the notary.

If there is more than one grantor, and it is not possible to find a language that all
understand, the interpreters who are necessary will intervene. It is important to emphasize that the intervention is not

necessary, if the notary masters the language of the grantors to the point of providing them with verbal translation

of the instrument.4

The grantor who, due to deafness, cannot hear the reading of the document must read it in
loud voice; if you do not know or cannot read, you have the option to designate a person who, in
presence of all participants, proceed to the second reading and explain its content.

The mute who knows and can read and write must declare in writing, in the instrument itself,
before the signatures, that he read and acknowledges according to his will; if he does not know or cannot
to write, must express their will by signs that the notary and the other participants
understand; if even that is not possible, an interpreter will intervene in the act. For the same, it is also
applicable in the case of the grantor being deaf-mute. As for the case of a blind grantor, it can appoint
a person who performs the second reading.5

However, they cannot be endorsers, interpreters, experts, translators, readers, or witnesses:

a) Those who are not in their right mind;

b) Those who do not understand the official language;

c) The minors who are not fully emancipated, the deaf, the mute, and the blind;

d) The employees and other personnel in service at the notary office;

e) The spouse, relatives, and in-laws, in the direct line or in the 2nd degree in the collateral line, both of the notary

that intervenes in the instrument as any of the grantors, representatives, or represented;

f) The husband and the wife, jointly;

Art. 70oCN
4

Article 71o CN
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g) Those who, as a result of the act, acquire any patrimonial advantage.

However, the intervention of any accidental intervenor in more than one is not allowed.
quality, except as provided in number 5 of article 54. It is the notary's duty to verify the suitability
two participants.

The notary may refuse the intervention of the guarantor, interpreter, expert, translator, reader or
a witness that is not considered worthy of credit, even if he is not covered by
prohibitions above.

Value of the documents6

The record made in accordance with the provisions of the Codes has full value and constitutes proof.
sufficient to establish the facts, which can only be contradicted by a final judgment
judged, pronounced in state or registration actions.

Os registos constituem ainda presunção da existência dos factos que deles constam
mandatory under the terms of the provisions that regulate the general and specific requirements of
each species, a presumption that can be contradicted by general evidential means, in any
judicial process in which such facts are relevant.

The sentence that in relation to a fact mentioned above judges contrary to the mention that
it is recorded only has the value of a definitive decision for the situation it refers to, and should,
however, a copy must be sent to the competent civil registry office, accompanied by a certificate
the evidence taken into account, in order for the civil registry officer to take the necessary measures

allowed by the code for official correction of the registry, if applicable.

The recorded facts cannot be challenged in court unless a request for cancellation is made.
or the correction of the corresponding records.

The evidence resulting from the civil registry regarding the facts that are necessarily subject to it and
the corresponding marital status cannot be challenged by any other, except in actions of
State and in the actions of registration.

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Article 4oof the Civil Registration Code;
The public notarial instrument is any document prepared by the notary, invested in the function of
according to the law, all legal requirements having been met, whose object is lawful, the agents
capable and the form is prescribed by law.

The current notarized document has characteristics of authenticity, correction, and accuracy.
offering even constitutive value in certain acts and contracts, serving as value
of currency that drives legal trafficking and its access to public records, granting it
procedural value, whether by executive force or by its evidential value. The public document
has all these guarantees, thanks to the participation of the notary, holder of a public faith,
recognized and preserved in accordance with the existing legal system.

For the security of a public document, a notarial intervention is necessary, producing-

has probative force, based on the fulfillment of certain documentary formalities.
In the preparation of a public document, the notary acts as an organ of public administration.
of private interests, and this is the fundamental criterion for classifying a document, or
be, your author, not the person who physically writes it, but rather the subject to whom we can
impute the responsibility for the document, that is, the author is the one who characterizes it as

public instrument.

The fundamental and essential purposes of the public instrument are to create and shape transactions.
legal (when the form is necessary for the existence of the act); prove that a fact occurred or
that a legal business has been born and to give effectiveness to the legal business or to the fact that reflects

the instrument.

From these main purposes of the public instrument, other purposes arise, namely: to make it enforceable.
obligation, to replace the royal tradition and ensure against third-party interests. The intervention
Notarial in the public instrument forms pre-established evidence, to prevent and be in posture
favorable in case of future discussion.

The probative force of documents is the effectiveness that substantive or procedural law assigns to
documents to be proof of legal acts, in the strict sense, legal act-facts and
legal transactions, or procedural acts. It is important to emphasize that a public document is
concept that encompasses that of public instrument and that of public document, in the strict sense.
The public instrument is the document written in written language, by a public official, in
exercise and according to the specific duties is everything prepared by the notary, invested
in accordance with the law, fulfilling all legal requirements, whose object is lawful, the
capable agents and the form is prescribed by law, with the aim of preserving and proving fact, act or
legal business by virtue of whose existence it was created and by virtue of whose validity it is
necessary for its preparation; public documents are writings drafted by a public official
without the intention of serving as evidence, but possibly, eventually, being used as such.

The public instrument serves to attest to everything that is narrated therein, as well as the declarations
of notaries like those that come from the parties, since the instrument is a faithful relationship and
exactly of a fact, or rather, of a succession of facts that occurred in front of the notary, in a
just an act.

The nature of the pre-constituted evidence, which is represented by the public document, has been highlighted.

Traditionally, it is considered by doctrine as fundamental to characterize the evidence.

If what the public instrument proves is a legal transaction, it is necessary to admit that its
the probative efficacy is not limited to the tangible facts that occurred before the notary, but rather that
reaches an abstract or intangible legal fact, namely, the constitution, modification, or
extinction of a legal relationship and, consequently, the statements of the parties while
essential element of such a business.

Public Faith

One of the principles that governs notarial and registral activity is public faith. Public faith is
constitutionally attributed to the notary and registrar, who act as representatives of
Status in your professional activity. Granted by law, public faith is a way of declaring that
an act or document is in accordance with legal standards, allowing the parties to have
security regarding its validity, until proven otherwise.

Public faith affirms the certainty and truth of the records that the notary and registry official
practices and the certificates issued under this condition, (publicity, authenticity, security and
effectiveness of legal acts). It is one of the fundamental principles of notarial law. For
JOÃO TEODORO DA SILVA in Judicial and Extrajudicial Services, Belo Horizonte, Serjus
1999, p.17, public faith 'asserts the certainty and truth of the records that the notary and official
of registration practice and the certificates issued in that condition, with the mentioned qualities. The
the principle of public faith not only guarantees the legality of a legal relationship but also provides

validity and safety to this relationship preventing conflict and litigation.

Any document produced with or under the seal of the notary or registrar holds
legal presumption of truthfulness even if it was not created for the purpose of serving as
procedural test, in the event that it is used this way it will serve as an important instrument in
judicial process, so much so that civil and procedural legislation did not shy away from mentioning about
in fact, since the strength and evidential effectiveness of the documents proving legal acts,
in a strict sense, legal acts-facts and legal transactions or procedural acts is a matter of
competence of material or procedural law.

If the documentary evidence is considered relevant, given its degree of persuasion and because many
the more it goes against reality, the more attention it will receive if it has been produced with the 'plus'
of public faith. However, it is important to emphasize the presumption assigned to the documents

produced with or under the seal of the notary and/or registrar has legal presumption
only, admitting evidence to the contrary, thus providing full, adequate and sufficient proof
until they are not recognized as false by a final and unappealable court decision.

Remuneration7

The fees and charges are applied for the acts performed in land registry services.
constants of the respective table, except in cases of free provision or exemption provided for by law.

The seat declared within the immediate 120 days is free.

Consult the Ministerial Diploma [Link] 6, 2016

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