Notarial faith, does not validate incongruous statements

A person of Veracruz stated that it was owner of a real estate that another subject possessed without right.

Hence demanded the vindicatory action, in which he asked that the defendant to the return of said propertyjust like him payment of the value of the fruits and expenses that would have been generated.

He judge dictated judgment sentenced to defendant to the material delivery of the thing object of litigation to the actor.

He defendantdissatisfied, interposed protectionalleging that he has possession of the property as owner, having acquired it prior to the claim trial, through buy and sell celebrated in a private contract with signature ratification by a Notary Public.

Was granted the protection considering that the contract was of a certain date as it had been certified by Public notary.

However, in said contract, the parties identified themselves before the Notary with credentials of the INE and not with those of IFE which were those that were in force on the supposed date of subscription of said instrument.

In the end, the matter came to the attention of the Second Collegiate Court in Civil Matters of the Seventh Circuit, which determined that: “…the public faith with which Notaries are invested does not validate the incongruous or contradictory statements that they incur when establishing a certification. in a private document in order to give it a certain date…”

Said Court justified its determination in that: “…The certifications made by a Notary Public in private documents, although they allow them to be given a certain date, cannot legally sustain their validity when incongruent or contradictory data is recorded, which is not validated by the The fact that it is invested with public faith, since it does not remedy the vices in which it incurs…”

“…for example, when the parties to a contract identified themselves with credentials issued by the National Electoral Institute, when at that time they had been issued by the Federal Electoral Institute…”

“…If the ratification of signatures before a Notary has the sole purpose of giving a certain date to the contract against third parties, it is unquestionable that any element that allows doubting the certainty regarding the date affects the notarial instrument…”

Giving rise with this to the relevant criterion of the category: PUBLIC FAITH OF NOTARIES. IT DOES NOT VALIDATE THE INCONGRUENT OR CONTRADICTORY STATEMENTS INCURRED BY SETTING A CERTIFICATION IN A PRIVATE DOCUMENT, IN ORDER TO PROVIDE IT WITH A CERTAIN DATE, published in the digital Gazette of the Judicial Weekly of the Federation last Friday, April 26, 2024, with registration number : 2028668.

As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!

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Graduate in law from the Sinaloa Free School of Law, master in constitutional law and amparo and master in commercial and business law, with honorable mention, from the Universidad Panamericana, Guadalajara campus. He graduated with honorable mention from the postgraduate courses in civil and commercial procedural law, law of obligations and contracts and tax law taught by the Universidad Panamericana, Guadalajara campus and is a specialist in the areas of administrative, civil, family, commercial, agrarian, protection. , notarial and corporate. He is studying the AD2 Senior Business Management program at IPADE. He is director of the legal services company LMA, Integradora Legal, based in Culiacán and Mazatlán. Member of the Mexican Bar Association, AC, he was president of the steering committee and founder of the Sinaloa chapter, and currently a member of the national council of said association, he also belongs to the American Bar Association. He is a professor at the Sinaloa Free School of Law, and serves as an advisor to the advisory council of the State Human Rights Commission of the State of Sinaloa. He was secretary of agreements of the First Criminal Court of La Paz and external legal advisor and Interim Secretary of the City Council of the Municipality of Rosario.

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