Seguridad jurídica otorgada por el notario en los contratos de promesa de compraventa de inmuebles.

Abstract

This study is aimed at evaluating the legal certainty granted by the notary in the contracts of promise of sale of real estate, taking into account that, although there are solemnities, such as in the Notary Law and the Civil Code to celebrate these contracts, there are no It requires checking if there are limitations, prohibitions or encumbrances on the promised real estate, which in the future may cause the main contract to not be executed, especially if the legal situation of the property is unknown and it cannot be the object of sale even if it is fulfilled. the term that the promise determines to celebrate the main contract, adding to this the lack of a record that allows identifying whether the same real estate has been previously promised and the agreement is still in force. For this purpose, data collection was carried out involving descriptive, analytical and synthetic theoretical methods, while among the empirical ones were the documentary, the interview with notaries and lawyers, in addition to comparative law where three legal systems were considered. The results supported the proposal, being the prior verification, by the notary or notary public, that the promised real estate does not have prohibitions to be disposed of, in addition to its registration in the corresponding Property Registry, guaranteeing the legal security of the act.