The act of notoriety is a public document drawn up by a judge or notary and records certain statements or facts. Its function is to grant notoriety, that is, what is indicated in the document becomes statements or known acts, proven and fixed as evidence for future procedures or judicial processes.
The act of notoriety is a public document that has a proof function, that is, with this document there is a record and attests to some facts or statements by a witness.
The minutes may deal with real or personal rights, patrimonial or personal situations or legal transactions. This act enjoys publicity since it is dictated by a notary or judge.
For the act of notoriety to be issued, it must be done at the request of a party, that is, the notary or the judge will not draw up the act without the person interested in it having requested it.
Once the notoriety act is issued, that fact or statement it contains will no longer have to be proven in a subsequent trial, but it does have to be approved by the judge if it wants to be used in a trial.
How does the notary or the judge come to make this act of notoriety?
The first thing is that both the notary public and the judge can make the inquiries they deem pertinent to grant this notoriety to a fact or statements. Natural and legal persons may be required to acquire certain information or cooperation.
If the notary understands that his act will harm third parties, he must notify them. This, giving them the opportunity to argue what they consider pertinent regarding the minutes to be published.
Content of the certificate of notoriety
The essential content that this document must contain is:
- Tests performed and how to perform them.
- Requirements to those involved.
- Requirements to third parties that may be harmed.
- Allegations of third parties regarding the evidence and statements contained in the minutes.
- Citation receipts.
- Statements and known and proven facts.
The act of notoriety is used, for example, to prove mortgages, identify heirs in an intestate succession, prove the non-existence of charges in a property or in a lease, among others.