1. DEFINITION OF INSTRUMENT
First we will define the legal term instrument, which will allow us to approach the subject studied, therefore, we must point out that for these purposes, the following definition:
"Paper support that contains a certain legal act or legal fact".
This defined instrument is of various classes, varieties or types, one of them being the notarial instrument, about which this research work deals. That is, there are other types of instruments, within which we can cite the case of consular, judicial and administrative, which constitutes an important classification or enumeration in the study of law.
2. IMPORTANCE OF THE INSTRUMENTS
The instruments are very important, because they streamline commercial traffic, and even with the Peruvian Civil Procedures Code of 1911, the probative system of assessed evidence was enshrined in Peruvian law at that time, which is a system that opposes the system free trial.
3. DEFINITION OF NOTARIAL INSTRUMENT
Now we enter the matter, therefore, we are located within the notarial law, and in this order of ideas, we must define the term studied, as follows:
"Paper support in which a certain act granted before a Notary Public is recorded."
On this definition, we must specify or point out that the notarial instrument constitutes one of the various types of instruments, which is widely known in the doctrine, among other sources of law.
4. IMPORTANCE OF NOTARIAL INSTRUMENTS
Notarial instruments streamline commercial traffic, and also make it safer, the best known being the public deed, but this is not the only one, but there are other notarial instruments, within which we can cite the case of testimonies, parts notarial, notarial ballots, certified copies, among others.
That is, commercial traffic must be taken into account, which is the market, which constitutes a legal term little studied in notarial law, but the opposite occurs in economics, and in economic law, therefore, we take advantage of the headquarters to suggest that legal pedagogy of said economic legal term be done.
To understand the importance of the legal term "notarial instruments", it should be noted that in the registry office, public registrars qualify based on those indicated and not based on knowledge that does not appear in the registry file, which is known in the law registry with the title name. Therefore, notaries public must be quite careful when issuing notarial instruments, because if they do not take due care, a series of problems can be generated, which can be the reason to initiate legal proceedings, which almost always could have been avoided.
5. CLASSES OF NOTARIAL INSTRUMENTS
5.1. FIRST CLASSIFICATION
5.1.1. PROTOCOLARS
The notarial protocol instruments are the notarial instruments that appear in the notarial protocol.
5.1.2. EXTRAPROTOCOLARES
Extra-protocol notarial instruments are the notarial instruments that are not added to the notarial protocol.
5.2. SECOND CLASSIFICATION
5.2.1. REGISTERED
Registered notarial instruments are the notarial instruments that appear registered or noted in the registry offices.
5.2.2. NOT REGISTERED
Unregistered notarial instruments are notary instruments that are not registered or noted in the registry offices.
5.3. THIRD CLASSIFICATION
5.3.1. INSCRIBED
The registered notarial instruments are the notarial instruments that are registered in the registry offices.
5.3.2. NOT REGISTERED
Unregistered notarial instruments are notarial instruments that are not registered in the registry offices.
5.4. FOURTH CLASSIFICATION
5.4.1. NOTED
Notarial instruments noted are the notarial instruments that appear noted in the registry offices.
5.4.2. NOT NOTED
Notarized instruments not annotated are the notarial instruments that do not appear annotated in the registry offices.
5.5. FIFTH CLASSIFICATION
5.5.1. QUALIFIED
Qualified notarial instruments are the notarial instruments that have been qualified in the registry offices, resulting in a positive or negative registry qualification.
5.5.2. NOT RATED
Unqualified notarial instruments are notarial instruments that have not been qualified in the registry offices.
5.6. SIXTH CLASSIFICATION
5.6.1. RECORDABLE
Registrable notarial instruments are the notarial instruments that are registrable in the registry offices.
5.6.2. NON-REGISTRABLE
Non-registrable notarial instruments are notarial instruments that are not registrable in the registry offices.
5.7. SEVENTH CLASSIFICATION
5.7.1. PUBLIC
Public instruments are those granted to a public official in the exercise of their functions.
5.7.2. PRIVATE
Private instruments are all the remaining instruments, that is, those that have not been granted to public officials.
5.8. EIGHTH CLASSIFICATION
5.8.1. PUBLIC DOCUMENTS
The notarial instruments that are public deeds, constitute the notarial protocol instrument par excellence.
5.8.2. OTHER NOTARIAL INSTRUMENTS
The other notarial instruments are the minutes and extra-protocol certifications.
5.9. NINTH CLASSIFICATION
5.9.1. NATIONAL NOTARIAL INSTRUMENTS
National notarial instruments are those granted in the Peruvian state, taking Peruvians as a point of reference.
5.9.2. FOREIGN NOTARY INSTRUMENTS
Foreign notarial instruments are those granted abroad.
5.10. TENTH CLASSIFICATION
5.10.1. INTERNATIONAL NOTARY INSTRUMENTS
International notarial instruments are those granted with effects in several countries or with powers abroad.
5.10.2. OTHER NOTARIAL INSTRUMENTS
The other notarial instruments are those granted with effects and with documents from a single country.
5.11. ELEVENTH CLASSIFICATION
5.11.1. NOTARIAL INSTRUMENTS ON REAL ESTATE
Notarial instruments on real estate are those that deal with real rights, or personal rights or contracts on real estate.
5.11.2. NOTARIAL INSTRUMENTS ON OTHER ASSETS
Notarial instruments on other assets are those that deal with real rights, or personal rights or contracts on other assets.
5.12. TWELFTH CLASSIFICATION
5.12.1. NOTARIAL INSTRUMENTS ON REGISTERED REAL ESTATE
Notarial instruments on registered real estate, are by which real rights are constituted or immatriculated real estate is contracted in the registry offices.
5.12.2. NOTARIAL INSTRUMENTS ON NON-REGISTERED REAL ESTATE
Notarial instruments on unregistered real estate, are by which real rights are contracted or constituted over real estate not registered in the registry offices.
5.12.3. NOTARIAL INSTRUMENTS ON OTHER ASSETS
Notarial instruments on other assets are by which real rights are contracted or constituted over vehicles, or non-registered real estate, among other types of assets.
5.13. THIRTEENTH CLASSIFICATION
5.13.1. NOTARIAL INSTRUMENTS ON VEHICLES
The notarial instruments on vehicles, are by which contracts are celebrated or constitute real rights on vehicles.
5.13.2. NOTARIAL INSTRUMENTS ON OTHER ASSETS
Notarial instruments on other goods, are for which contracts are signed or constitute real rights over other goods, within which we can cite real estate and industrial machinery, among other goods.
5.14. FOURTEENTH CLASSIFICATION
5.14.1. NOTARIAL INSTRUMENTS ON MOVABLE PROPERTY
Notarial instruments on movable property are by which real rights over movable property are contracted or constituted.
5.14.2. NOTARIAL INSTRUMENTS ON OTHER ASSETS
Notarial instruments on other assets are by which real rights are contracted or constituted over other assets, within which we can cite the case of real estate, regardless of whether they are registered or not in the registry offices.
5.15. FIFTEENTH CLASSIFICATION
5.15.1. NOTARIAL INSTRUMENTS FOR THE CONSTITUTION OF LEGAL PERSONS
Notarial instruments for the incorporation of legal persons may be those regulated by the civil code, the general law of companies, mainly.
5.15.2. NOTARIAL INSTRUMENTS OF OTHER ACTS.
The notarial instruments of other acts are, for example, capital increases, contracts or the constitution of real rights, mainly.
5.16. SIXTEENTH CLASSIFICATION
5.16.1. NOTARIAL INSTRUMENTS FOR THE CONSTITUTION OF ASSOCIATIONS
The notarial instruments for the constitution of associations are the notarial instruments with which this type of legal entity is constituted.
5.16.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are, for example, the constitution of real rights and contracts.
5.17. SEVENTEENTH CLASSIFICATION
5.17.1. NOTARIAL INSTRUMENTS FOR THE CONSTITUTION OF COMPANIES
The notarial instruments of incorporation of companies are the notarial instruments with which companies are constituted, within which we can cite the public limited company, commercial limited liability company, civil partnerships, limited partnerships and collective partnership.
5.17.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are, for example, capital increase or modification of the statute due to change of address.
5.18. EIGHTEENTH CLASSIFICATION
5.18.1. NOTARIAL INSTRUMENTS FOR THE CONSTITUTION OF COMMITTEES
The notarial instruments for the constitution of committees are by which the constitution of the aforementioned legal entities is carried out.
5.18.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are, for example, the modification of the statute.
5.19. NINETEENTH CLASSIFICATION
5.19.1. NOTARIAL INSTRUMENTS FOR THE CONSTITUTION OF FOUNDATIONS
The notarial instruments of constitution of foundations are the indicated instruments with which the referred ones are constituted.
5.19.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are those used to modify the statute, among many other possibilities that arise.
5.20. TWENTIETH CLASSIFICATION
5.20.1. NOTARIAL INSTRUMENTS FOR THE CONSTITUTION OF COOPERATIVES
The notarial instruments for the constitution of cooperatives are those used to establish the indicated ones.
5.20.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
Notarial instruments of other acts are, for example, those used to modify statutes or to establish companies, within which we can mention public limited companies, among others.
5.21. TWENTY-FIRST CLASSIFICATION
5.21.1. NOTARIAL INSTRUMENTS OF NEW CONTRIBUTIONS
The notarial instruments of new contributions are those that serve to make new contributions.
5.21.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are, for example, those for the constitution of legal persons and the modification of the statute, among many possibilities.
5.22. TWENTY-SECOND CLASSIFICATION
5.22.1. NOTARIAL INSTRUMENTS TO INCREASE CAPITAL
Notarial capital increase instruments are those used to increase the capital of companies and individual limited liability companies.
5.22.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
Notarial instruments for other acts are, for example, those for the constitution of legal persons or the constitution of real rights or the conclusion of contracts.
5.23. TWENTY-THIRD CLASSIFICATION
5.23.1. NOTARIAL CAPITAL REDUCTION INSTRUMENTS
Notarial capital reduction instruments are those used to reduce the capital of a company.
5.23.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are those used, for example, to establish companies, or to establish real rights, enter into contracts, among other possibilities.
5.24. TWENTY-FOURTH CLASSIFICATION
5.24.1. NOTARIAL INSTRUMENTS FOR MODIFICATION OF THE STATUTE
Notarial instruments of statute modification are those that serve to vary the terms or content of the indicated one.
5.24.2. NOTARIAL INSTRUMENTS OF OTHER ACTS
The notarial instruments of other acts are those used, for example, for contracts, constituting real rights, and constitution of legal persons, within which we can cite the case of those regulated by the civil code, companies, individual limited liability companies, cooperatives, peasant communities, communal companies, among others.
6. DEFINITION OF DOCUMENTS
Documents can be defined as follows:
"They are the instruments, videos or recordings in which the existence of a certain legal act or legal fact is established."
In other words, the term documents is a broader term than the term instruments.
7. DEFINITION OF NOTARY DOCUMENTS
Notarial documents can be defined as follows:
"They are the notarial instruments, videos or recordings in which the existence of a certain legal act or legal fact is recorded."
Notarial documents are a type or variety or class of documents, which we record so that subsequent publications are made, by lawyers and others, who broadly dominate the subject matter of this comment.
8. KINDS OF NOTARIAL DOCUMENTS
8.1. GENERALITIES
There are several classifications of the documents, however, we will only cite one of those indicated, because it is not the central theme of this comment, but we only address it in a rather superficial way, in order to be able to where it comes from or to which part of the knowledge the term studied, such as "the notarial instrument".
8.2. NOTARY DOCUMENTS THAT ARE INSTRUMENTS
The notarial documents that are instruments are the notarial documents contained in paper support.
8.3. NOTARY DOCUMENTS THAT ARE NOT INSTRUMENTS
Notarial documents that are not instruments are notarial documents not contained on paper.
9. KNOWLEDGE AREA
The area of knowledge of notarial instruments is law
-) Private, because civil and commercial law is studied.
-) Public, because registry and procedural law is studied, among others.
-) Mixed, because family law is studied.
-) Notarial, because it studies and regulates the notarial instrument.
-) Registry, because it studies and regulates the registry qualification of notarial instruments.
-) Civil, because it deals with studying and regulating some notarial instruments, such as power of attorney by public deed, donation by public deed and will by public deed, among others.
-) Succession, because it studies and regulates the will by public deed, which must be included in a notarial protocol instrument.
-) Of legal act, because it regulates and studies the powers by public deed.
-) Contractual, because it regulates and studies the donation contract by public deed.
-) Real, because it regulates and studies the mortgage by public deed.
-) Criminal, because it studies and regulates crimes against public faith, which are crimes directly related to the instruments studied.
-) Civil procedure, because it studies and regulates instruments and documents within civil processes.
-) Criminal procedure, because it studies and regulates documentary evidence.
-) Family procedural, because it studies documents in family processes.
-) Procedural, because it studies and regulates the documents in each of the branches that comprise it, some of them being the three indicated above.
-) Commercial, because it studies and regulates commercial documents.
-) Corporate, because it studies and regulates corporate documents.
-) Business, because it studies and regulates business documents.
-) Consular, because it studies and regulates consular documents.
-) Ecclesiastical, because it studies and regulates ecclesiastical documents.
This is not the entire area of knowledge of notarial instruments, but there are other branches of law in which it is studied, applied and regulated, and there are also other legal disciplines that are not branches of law, which must be taken into account in a larger headquarters. However, we can cite the teaching of the notarial instrument, pedagogy of the notarial instrument, education on the notarial instrument, axiology on the notarial instrument, legal sociology of the notarial instrument, investigation of the notarial instrument, methodology of the investigation of the notarial instrument, and economic analysis. of the notarial instrument, mainly
That is, the area of knowledge of the notarial instrument is not limited, but rather broad, and we hope that it will motivate the publication of abundant research, to smooth the rough edges of said legal institution, which we hope will occur not only in positive law, legislation, or legal regulations.
10. DOCUMENT AND INSTRUMENT
The document is not exactly the same as the instrument, therefore, we will differentiate them in the following number to know and understand the reasons for making this statement.
11. DIFFERENCE BETWEEN DOCUMENT AND INSTRUMENT
The document is the genus, while the instrument is the species, therefore, the last of the indicated is a type, variety or class of the first of the indicated.
12. LEGAL ACT
The legal act is a manifestation of will that some opportunities are contained in an instrument, therefore, we must differentiate them in the following paragraph.
The Peruvian Civil Code of 1984 is divided into several books, one of which deals with and develops the legal act, to which we refer in this seat, however, certain legal modifications are needed, but it is also true that the law does not it is the same as law, because the first constitutes only a part of the second.
13. DIFFERENCE BETWEEN THE INSTRUMENT AND THE LEGAL ACT
The instrument is not the same as the legal act, but they are different and there is consensus in Peruvian law in the sense that the legal act is not the same with the instrument that serves to prove it, and it is also argued that the former may subsist although the second is declared void with a final judgment.
14. PUBLIC DEED
The public deed is constituted as the typical protocol notarial instrument, which is regulated within the Peruvian legislative decree of the notary public, and the same happened with the previous Peruvian norm that regulated this branch of public law.
In other words, the previous notarial law also regulated public deed, in that sense, it is not a novelty of the current norm, but it already found regulation in Peruvian law and in all other notarial systems that belong to the Latin notarial system.
The public deed is the appropriate notarial instrument for the sale of real estate in Peruvian law, and the same occurs in the case of the mortgage, which as a general rule must be constituted by public deed. However, it should only be used in cases where it is convenient, because not everything is established in the legislation, and in this sense it is not used to buy an eraser, or a pencil, or a pencil, or a notebook, because in the Specified cases, it is evident that transaction costs are very high, that is, to be more exact we refer to contracting costs, and these two as well as other issues are studied by the economic analysis of law, which is a method or legal discipline.
In addition, public deed is an important issue within notarial instruments, and especially within protocol notarial instruments, for this reason, we have written these brief lines.
However, we do not want to deepen our studies on public deed in this venue, because we have developed it as a separate topic.
15. TRANSFERS
The transfers are the reproductions that are taken from the notarial protocol, and are of various types, which are: testimony, part and ballot. Article 82 of the legislative decree of the notary public, establishes that the notary will issue, under responsibility, testimony, ballot and parts, to whoever requests it, of the notarial public instruments that he had authorized in the exercise of his function. In the second paragraph it indicates that it will also issue certified copies of the minutes that are in its notarial file. In the third paragraph, it specifies that the notarial transfers referred to in this article may be made in digital format or physical media that contain the information of the parent document in an encrypted and secure manner and that make its verification feasible through the available technological mechanisms.The fourth paragraph establishes that the notary may also issue a notarial transfer sent electronically by another notary and printed in his notarial office, provided that the electronic messages are transferred by a secure means and under the protection of the legislation of digital signatures and certificates. In the fifth paragraph, it specifies that electronic copies will always be understood to be issued by the notary authorizing the parent document and will not lose their character, value and effects by the mere fact of being transferred to paper format by the notary to whom the document was sent.; The same person who must sign and initial it stating its nature and origin. Decree Law 26002 stated in its article 82, that the notary will issue testimony, ballot and parts, to whoever requests it,of the notarial public instruments that he had authorized in the exercise of his function. In addition, the notary law of Spain states in its article 18 that second or subsequent copies of the master deed may not be issued except by virtue of a judicial mandate, and with a summons from the interested parties or the Fiscal Promoter when they are ignored or absent from the town where the Notary is. And in its second paragraph it is specified that such citation is unnecessary in unilateral acts, and even in others when all interested parties request the copy. Article 31 of the same rule states that only the Notary in charge of the protocol may give copies of it. Article 37 establishes that there will be a general file of public deeds at each hearing, and under its inspection.The second paragraph establishes that these files will be formed with the protocols of the Notaries included in the respective territory of each Hearing that are more than twenty-five years old. The twenty-five most modern protocols will form the file of the Notary in charge of the Notary, who will send annually, at the end of December, with security, to the Regent of the Court, the protocol that must be deposited in the general file. The third paragraph establishes that the reserved book and protocol referred to in articles 34 and 35 of this Law will be sent in the same way twenty-five years after it has been opened ”.The twenty-five most modern protocols will form the file of the Notary in charge of the Notary, who will send annually, at the end of December, with security, to the Regent of the Court, the protocol that must be deposited in the general file. The third paragraph establishes that the reserved book and protocol referred to in articles 34 and 35 of this Law will be sent in the same way twenty-five years after it has been opened ”.The twenty-five most modern protocols will form the file of the Notary in charge of the Notary, who will send annually, at the end of December, with security, to the Regent of the Court, the protocol that must be deposited in the general file. The third paragraph establishes that the reserved book and protocol referred to in articles 34 and 35 of this Law will be sent in the same way twenty-five years after it has been opened ”.
16. TESTIMONY
The legislative decree of the notary public defines the testimony in its article 83, establishing that the testimony contains the complete transcription of the notarial public instrument with the faith that the notary gives of his identity with the matrix, the indication of its date and page where it runs, the proof of being signed by the grantors and authorized by them, initialed on each of its pages and issued with their stamp and signature, mentioning the date it is issued. Decree Law 26002 stated in its article 83 that the testimony contains the full transcription of the notarial public instrument with the faith given by the notary of his identity with the parent company, the indication of its date and page where it runs, the proof of being signed by the appearing parties and authorized by him, initialed on each of its pages and issued with his seal,sign and signature, with the mention of the date it is issued. The second paragraph establishes that the Spanish notarial law does not have an article with which comparative law can be compared or made.
17. PART
The legislative decree of the notary public defines the party in its article 85, establishing that the party contains the full transcription of the notarial public instrument with the faith that the notary gives of his identity with the matrix, the indication of its date and with the evidence of being signed by the grantors and authorized by him, initialed on each of its pages and issued with his stamp and signature, with the mention of the date on which it is issued. Decree Law 26002 stated in its article 85 that the part contains a full transcription of the notarial public instrument with the faith that the notary gives of his identity with the parent company, the indication of its date and with the evidence of being signed by the appearing parties and authorized by him, initialed on each of its pages and issued with his stamp and signature, mentioning the date on which it is issued.In the following paragraph it is specified that it does not need to be issued in duplicate, it is enough to add to the part a page signed by the notary that contains the mention of the date of the notarial public instrument, the name of the grantors and the act or contract it contains, for the return by the Public Registry, with the annotation of the registration or the denial of the same. The notary law of Spain does not have an article with which comparative law can be compared or made.with the annotation of the registration or the denial of it. The notary law of Spain does not have an article with which comparative law can be compared or made.with the annotation of the registration or the denial of it. The notary law of Spain does not have an article with which comparative law can be compared or made.
18. BALLOT
The legislative decree of the notary public defines the ballot in its article 84, indicating that the ballot will express a summary of the content of the notarial public instrument or transcription of the clauses or terms that the interested party requests and that the notary issues, with designation of the name of the grantors, nature of the legal act, date and page where it runs and the proof of being signed by the grantors and authorized by it, initialed on each of its pages and issued with its stamp and signature, mentioning the date it is issued. It also establishes that the notary, when deemed necessary, will add any reference that gives meaning or completes the partial transcription requested. Decree Law 26002 established in its article 84,that the ballot will express a summary of the content of the notarial public instrument or transcription of the clauses or terms that the interested party requests and that the notary gives, with designation of the name of the grantors, nature of the legal act, date and page where it runs and the proof if it is signed by the appearing parties and authorized by him, initialed on each of its pages and issued with his stamp and signature, mentioning the date on which it is issued. In its next paragraph it is established that the notary, when deemed necessary, will add any reference that gives meaning or completes the partial transcription requested. The notary law of Spain does not have an article with which comparative law can be compared or made.with designation of the name of the grantors, nature of the legal act, date and page where it runs and the evidence of being signed by the appearing parties and authorized by him, initialed on each of its pages and issued with their seal and signature, with mention of the date it is issued. In its next paragraph it is established that the notary, when deemed necessary, will add any reference that gives meaning or completes the partial transcription requested. The notary law of Spain does not have an article with which comparative law can be compared or made.with designation of the name of the grantors, nature of the legal act, date and page where it runs and the evidence of being signed by the appearing parties and authorized by him, initialed on each of its pages and issued with their stamp and signature, with mention of the date it is issued. In its next paragraph it is established that the notary, when deemed necessary, will add any reference that gives meaning or completes the partial transcription requested. The notary law of Spain does not have an article with which comparative law can be compared or made.In its next paragraph it is established that the notary, when deemed necessary, will add any reference that gives meaning or completes the partial transcription requested. The notary law of Spain does not have an article with which comparative law can be compared or made.In its next paragraph it is established that the notary, when deemed necessary, will add any reference that gives meaning or completes the partial transcription requested. The notary law of Spain does not have an article with which comparative law can be compared or made.
19. NOTARIAL FILE
The Peruvian legislative decree of the notary, establishes in its article 81, that the notarial file is made up of: a) The physical records, on paper or magnetic medium, kept by the notary according to law; b) The volumes of minutes issued in the registry; c) The documents protocolized according to law; and, d) The indices indicated by this law. Decree Law 26002 specified in Article 81 that the notarial file is made up of: a) The records kept by the notary in accordance with this law; b) The volumes of minutes issued in the registry; c) The documents protocolized according to law; and, d) The indices indicated by this law. Spanish notary law does not have an article with which you can compare or make comparative law.
20. RESPONSIBILITY IN THE ISSUANCE OF PUBLIC INSTRUMENTS
The legislative decree of the notary public regulates this issue in its article 82, which establishes that the notary will issue, under responsibility, testimony, ballot and parts, to whoever requests it, of the notarial public instruments that he had authorized in the exercise of his function. In its second paragraph it establishes that it will also issue certified copies of the minutes that are in its notarial file. The following paragraph establishes that the notarial transfers referred to in this article may be made in digital format or physical media that contain the information of the parent document in an encrypted and secure manner and that make its verification feasible through the available technological mechanisms.The following paragraph establishes that the notary may also issue a notarial transfer sent electronically by another notary and printed in his notarial office, provided that the electronic messages are transferred by a secure means and under the protection of the legislation on digital signatures and certificates. The last paragraph indicates that electronic copies will always be understood to be issued by the notary authorizing the parent document and will not lose their character, value and effects by the mere fact of being transferred to paper by the notary to whom the document has been sent; The same person who must sign and initial it stating its nature and origin. Decree Law 26002 stated in its article 82 that the notary will issue testimony, ballot and parts, to whoever requests it,of the notarial public instruments that he had authorized in the exercise of his function. The notary law of Spain states in its article 18, that second or subsequent copies of the master deed may not be issued except by virtue of a judicial mandate, and with a summons from the interested parties or the Fiscal Promoter when they are ignored or absent from the town where the Notary's Office is. The second paragraph specifies that such citation will be unnecessary in unilateral acts, and even in others when all interested parties request the copy. Article 31 specifies that only the Notary in charge of the protocol may give copies of it. On the other hand, article 37 indicates that there will be a general file of public deeds at each hearing, and under its inspection.The second paragraph establishes that these files will be formed with the protocols of the Notaries included in the respective territory of each Hearing that are more than twenty-five years old. The twenty-five most modern protocols will form the file of the Notary in charge of the Notary, who will send annually, at the end of December, with security, to the Regent of the Court, the protocol that must be deposited in the general file. The following paragraph establishes that the reserved book and protocol referred to in articles 34 and 35 of this Law will be sent in the same way twenty-five years after it has been opened.The twenty-five most modern protocols will form the file of the Notary in charge of the Notary, who will send annually, at the end of December, with security, to the Regent of the Court, the protocol that must be deposited in the general file. The following paragraph establishes that the reserved book and protocol referred to in articles 34 and 35 of this Law will be sent in the same way twenty-five years after it has been opened.The twenty-five most modern protocols will form the file of the Notary in charge of the Notary, who will send annually, at the end of December, with security, to the Regent of the Court, the protocol that must be deposited in the general file. The following paragraph establishes that the reserved book and protocol referred to in articles 34 and 35 of this Law will be sent in the same way twenty-five years after it has been opened.
21. NULLITY OF NOTARY INSTRUMENTS
The legislative decree of the notary public contains some norms that regulate the nullity of notarial instruments, which refer us to common law, which is known in Peruvian law as civil law, which is a branch of private law.
Within civil law, nullity is of two types, classes or varieties, which are absolute nullity, also known as nullity; and relative nullity, known as voidability.
The grounds for the Judge to declare nullity in both cases are established in the Peruvian Civil Code of 1984, as explained below.
The Peruvian Civil Code of 1984 establishes in its article 219, that the legal act is null: 1.- When the agent's expression of will is lacking; 2.- When it has been practiced by an absolutely incapable person, except as provided in article 1358; 3.- When its object is physically or legally impossible or when it is indeterminable; 4.- When its purpose is illegal; 5.- When it suffers from absolute simulation; 6.- When it does not review the prescribed form under penalty of nullity; 7.- When the law declares it null; 8.- In the case of article V of the Preliminary Title, unless the law establishes a different sanction. Furthermore, in article 221, it states that the legal act is voidable: 1.- Due to the relative incapacity of the agent; 2.- For vice resulting from error, fraud, violence or intimidation; 3.- By simulation,when the actual act that contains it damages the right of a third party; and 4.- When the law declares it voidable.
The Spanish Civil Code of 1889 regulates the nullity of contracts from its article 1300, which agrees with article 1261 of the same substantive Code cited, and from the study of these norms it can be concluded that the cited Peruvian Code is more technical than the Spanish Code cited in matters of nullity of legal act.
The legislative decree of the notary public, establishes in its article 123, that notarial public instruments are null when the provisions of public order on the matter, contained in this law, are infringed. Decree Law 26002 specified that notarial public instruments are void when the provisions of public order on the matter, contained in this law, are infringed. The Spanish notary law states in article 27 that public instruments will be void: 1. That they contain any provision in favor of the Notary who authorizes them; 2. ° In which the relatives of the interested parties are witnesses in the degree of merit, or the relatives, clerks or servants of the same Notary; and 3. ° Those in which the Notary does not attest to the knowledge of the grantors,or it does not replace this diligence in the manner established in article 23 of this Law, or in which the signatures of the parties and witnesses do not appear when they must, and the signature, signature and sign of the notary.
In addition, the legislative decree of the notary public indicates in its article 124, that the nullity may be declared only by the Judicial Power, with summons from the interested parties, by means of a final judgment. Decree Law 26002, stated in its article 124, that the nullity may be declared only by the Judicial Power, with summons from the interested parties, through a final judgment. The notary law of Spain does not have an article with which comparative law can be compared or made.
The legislative decree of the notary public establishes in its article 125 that nullity cannot be declared when the notarial public instrument suffers from a defect that does not affect its documentary effectiveness. Decree Law 26002 specified in its article 125 that nullity cannot be declared when the notarial public instrument suffers from a defect that does not affect its documentary effectiveness. The notary law of Spain does not have an article with which comparative law can be compared or made.
The legislative decree of the notary public also establishes in its article 126, that in any case, to declare the nullity of a notarial public instrument, the provisions of common law will be applied. Decree Law 26002 specified in Article 126 that in any case, to declare the nullity of a notarial public instrument, the provisions of common law shall apply. The notary law of Spain does not have an article with which it can be compared or made comparative law.
22. FALSIFICATION OF NOTARIAL INSTRUMENTS IN PERUVIAN LAW
Now we will study in a rather superficial way the falsification of notarial instruments in Peruvian law, therefore, we must specify that the Peruvian Penal Code of 1991 regulates the crime against public faith, based on article 427, which constitute legal norms, to the which we refer to for study in another venue where these issues are developed but within criminal law, that is, for study in criminal venue, which is largely by expert lawyers in said branch of public law, which are known as penalistas.
23. COUNTERFEIT OF NOTARIAL INSTRUMENTS IN FOREIGN LAW
We have carried out a review of some foreign Criminal Codes, in the part referring to falsification of notarial instruments, therefore, we maintain that the trend in comparative law is to foresee and punish this crime, for example in criminal law this crime is sanctioned and The referral was also studied within the Spanish doctrine.
24. PERUVIAN JURISPRUDENCE
In Peruvian law there is jurisprudence that declares the nullity of some notarial instruments, within which we can cite the case of public deeds, however, this must be interpreted together with the notarial principle of enforceability, which constitutes a notarial principle that It is little known within Peruvian law, which generates a series of problems in Peruvian law, therefore, we argue that the aforementioned notarial principle should be disseminated, so that judges can have access to adequate sources of information, which provide guidance that serve in the exercise of its function.
25. SPANISH JURISPRUDENCE
We have had news that in Spanish law nullity proceedings are also processed for notarial instruments, but in that country, judges are more cautious in the exercise of their functions. Which generates greater security for commercial traffic carried out before public notaries.
Therefore, comparative law must be done, on such an important notarial issue, and in this sense, we state that Peruvian judges and prosecutors must take into account Spanish law, when deciding, and must therefore distinguish the term law of legislation and must also distinguish the term notarial law from notarial legislation.
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