National Academy of Notaries
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Expedition
of second copies * Jaime Giralt Font
* Written version of the author's exposure XLV Theoretical and Practical Seminar "Laureano A.
Moreira, organized by the National Academy of Notaries in May 2003.
1. Classification of notarial documents. In
made by CARLOS A. PELOSI, we find, according to its genuineness:
1.1. Originals and reproductions.
1.1.1. They are original, or first grade, which occur as a direct and proximate result
the powers fedantes the clerk, in which it imposes
public faith originates with the facts he authenticated
sensually perceived and narrated subject to
early evidence and coetaneous (deeds, certificates, extracts).
1.1.2. Reproductions of second-degree or higher, according to the document reproduced
non-original or have faith transcriptional or derivative.
In this sense, the original copy of a second degree and the
another copy of further degree.
1.1.2.1. They imposing faith by the notary public
lies in the attestation of conformity with the original from which they derive ("match",
in copies of scripts).
1.1.2.2. They own physicality and extrinsic forms, whose failure could weaken its effects
, but its content is more than a
"siphoning" (as he calls PELOSI) of the original document. National Academy of Notaries
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REVISTANOTARIAL 2. Copy.
2.1. The copy is a literal reproduction, in whole or in part, the matrix
document issued by the clerk authorizing the same or,
default, who is also entitled to do so (seconded,
deputy, interim successor Deeds Registry, director
file protocols), for which the protocol must have in his custody (Act 404,
art. 108).
2.1.1. For this reason the copy is a public, to the point that full faith
ago as the deed itself (art. 1010 of the Code Civil),
which succeeds to its effects, but which differed in something with it, in which case
worth what it contains (art. 1009, Civil Code).
2.2. Art. 1006 of the Civil Code states: "The clerk must give the parties
pidiesen it, an authorized copy of the deed which has
granted."
2.2.1. You will generally qualify for the "certified copy" as
"testimony" but the correct name is the first and second
has another meaning (Act 404 of the city of Buenos Aires, arts. 104,
106, 109, 110 .) This was designated by the encoder in Articles 979,
inc. 1, 1006 to 1011, inclusive, and 3138, until the law
11,846 added to its current 1003 article last paragraph, referring to the protocols, the
which states that: "The notary public who carried out the protocols, will give
concerned the testimony that they ask him. "
2.2.2. The term "witness" has also been used with equal meaning in the art
. 28 of Law 17,801, sequential art. CC 2505, and
in the art. 56 of Act 24,441.
2.3. The copy should be issued for "the parts that pidiesen."
2.3.1. The term "party" includes the subject bargaining. If the latter is
consisting of more than one person (or entity) may be issued
a first copy of the deed for all or one for each.
2.3.1.1. If the first copy was issued to all and one of them requires
then one for herself, which will authorize the second copy for
person.
2.3.2. It is also possible to issue more than one
first copy to the same person. Example: deed of purchase by one person in three
buildings, one located in the city of Buenos Aires, one in Cordoba and Mendoza
another: first three copies may be issued to the buyer
thereto, in each case, the Registration for each property in the register
property of their respective location. Moreover, in the case presented,
if one copy is issued, it is likely that some or
some cases priority reservation expires. National Academy of Notaries
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2.3.2.1. In such a case, each copy will be the title of
each property for which it is issued.
2.3.3. If buying with a mortgage balance of price, by or on behalf of third-
, it issued a first copy for the purchaser and
one for the mortgagee.
2.3.3.1. In the case of sale or donation of bare ownership may
issued a copy to the bare owner and one for the beneficial owner.
2.3.3.2. In the writings of involvement of a property to the regime of horizontal property correspond
issue a first copy to the owner of the building
, which constitute his title to each
one of its constituent units, integrating with
that of land acquisition, "and another for the administrator
consortium of owners to whom be the
written proof of ownership and management regulations.
2.3.3.3. Although rare, anyone found selling spot or debtor
mutual home equity, also
entitled to request a copy of the deed that has been declared as such.
2.4. In the case of powers, the agent is not part, which corresponds
issue the copy for the principal, unless it requires
the copy is issued to the agent.
2.4.1. By reason of the foregoing, it is not appropriate for the agent to be delivered
a second copy, unless it has been
especially empowered by the principal.
3. Reproduction in whole or in part.
3.1. The copy may be partial (Act 404, art. 105), since there is no
any substantive rule that prohibited, provided that the issuing clerk stating
in the same document that omitted changes neither alters the text reproduced
.
3.2. An example of this is mentioned in 2.3.2.
4. Methods for making the copy.
4.1. Playback can be in handwritten form,
typescript, printed, photographic, photocopy, scan or by other means and media
authorized by each Act or, failing that, the management board of each school
attorney. National Academy of Notaries
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REVISTANOTARIAL 5. Clause issue.
Copies must take the final clause that identifies the document reproduced
matrix, indicating Sheet, attesting notary,
character acting and registration number, and asserting the accuracy of the copy to the original
indicate if this is the first copy or further degree
and, if so, what, for whom it is issued and the place and date of issue.
6. Second copy or further degree.
6.1. Is to be issued for the part or member of the party to whom
had already issued the first.
6.2. In accordance with the prescribed in Art. CC 1007, the second copy
be issued by the clerk (or whoever is entitled to do so), when so required
who is entitled to do if you have lost
the first.
6.2.1. The doctrine and jurisprudence have equated the loss
assuming the copy with the destruction or theft.
6.3. If the second copy writing whose grade or
further requires, "a party had been obliged to give or make any
thing, the second copy will not happen without express permission of the court" and should
crucial factor the procedure established in the art. 1008.
6.3.1. The history of this art. 1007, as expressed in his note, is the newest
Digest, which in turn was based on the items (3.
laws 11 and 12, art. 19) which said that the creditor had
malicious destruction copy of the script where the obligation arose, disinterested
its debtor could retrain your credit with a second copy with the corresponding
prejudice suffered by the bound, hence the need for authorization from the judge
to extend the second copy of
instrument from which arises an obligation to give money or something else.
This principle was also receipted by the pragmatics of Alcalá.
6.3.1.1. Therefore, Sanabria Y SOLER could say that "there is only
danger in giving second copy when the writing contains an enforceable obligation
Business" (Treaty of notarial law, vol. II, p. 159).
6.3.2. The above considerations are not reflected in the standard
which does not distinguish the nature of the outstanding obligation to give or make
which requires court authorization for a second copy can be
issued, so that, in principle, be necessary
intervention of justice in all cases. National Academy of Notaries
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6.3.2.1. However, it has admitted it is possible to issue a second
copy or further step in case analysis, if required can
who prove that the obligation contained in the deed has been executed, canceled or extinguished
anyway.
6.3.2.2. In the case of absence in writing a debt secured by mortgage
, sufficient domain report that
arising mortgage has been canceled, not if it was only released on the
property tax, as this does not mean extinction of the obligation.
6.3.2.3. In the case of a twenty-five years writing
second copy as requested, which contains an obligation to give or do,
even guaranteed by mortgages, does not appear accredited
cancellation by the fact that the effects of registration
mortgage expired (art. 3151 CC), and the period of limitation provided for in art. 4023 is
find amply fulfilled, because it does not prevent
finds herself suspended and the obligation remains in force;
why it is necessary, if so, request a copy by
judicial procedure in Art. 1008 of the Civil Code.
7. Second copies required by court order.
7.1. In the executive processes is common for the judge to order the clerk authorizing issuing
second copy of a title.
7.1.1. Usually the decision-making does not express for who should be issued,
what should be a duty of the judge, as well as to art. 73
1624-1600 decree, regulating the law 404 of the city of Buenos
Aires, as in the case of a sale price balance
secured by mortgage, according to whom is issued, the copy may be the property
title the title of the purchaser or mortgagee's credit.
7.2. When the second copy of a title is issued and entered in the register
property (Law 17,801, art. 28), that fact detract
effects, such as title, the first copy, without,
probably the owner's knowledge.
7.2.1. In the event that in that case, the auction is done,
domain where the holder intends to dispose of the property must rescue the second
copy or ask for a third, because the first copy in his
power has lost the title character,
following the issuance of the second.
7.3. It is common in trials run
common expenses by the consortium of owners against one of its members
delinquent, the judge ordered the clerk to issue second copy of the title of National Academy of Notaries
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REVISTANOTARIAL property. If this contuviere, for example, a mortgage balance outstanding
price at the time of purchase, and the magistrate clerk
owners notice that the first copy is held by
creditor pursuant to a clause in the contract contained therein, the judge should
require delivery to the depositary of the title (which usually occurs
not), instead of requiring the issuance of a second. This is because the first copy
has not been lost or destroyed, but it exists and
knows who has it in his possession.
7.3.1. In addition to not proceed in the manner described, the creditor
ignore that title believes he has in his possession for presentation
in case of execution, has ceased to be of such character without
who knows what he has is noticing.
8. Law 24,441. Second witness in the special arrangements for implementation
mortgages.
in Title V, on special arrangements for foreclosure, the law
24,441, the same hierarchy rules that the Civil Code, authorized in
art. 56 to the creditor to "apply directly to the corresponding record
the issue of a second copy of the title to the property
with single accreditation of that character at the expense of the debtor."
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