Análisis de la importancia del notario en los procesos de promesa de compraventa de inmuebles.

Abstract

The contract of promise of sale of real estate serves as a guarantee or endorsement of the parties involved, forcing the future celebration of a sale, this voluntarily recorded by public deed granted by the notary. However, there are circumstances where problems usually arise despite being held before this public official, the study responding to the objective of analyzing the importance of signing contracts of sale and purchase before a notary and possible improvements to the due process of the same for strengthen the civil and economic rights of citizens. The methodology used had a qualitative approach with descriptive scope under the types of bibliographic and field research, using in the latter interviews applied to five notaries and five experts in sales contracts evidencing that the intervention of the notary is essential to guarantee the legal security of the contract of promise of sale of real estate and identifying limitations related to the lack of procedures in the regulatory framework that allow to verify if there are prohibitions or encumbrances that prevent the future transfer of the good. The study concludes by highlighting the importance of the amendment to the Notarial Law, including among the duties of the notary to demand the presentation of the Certificate of lien domain certificate issued by the Property Registry in order to verify that the sale may be perfected.