Nevertheless, it becomes necessary to have notarial certification of the accused of sale for registration purposes. Section 112 of the Property Registration Decree stipulates that deeds, promotions, charges, dismissals, proxies and other voluntary documents, whether they relate to a registered country or not, can be executed in the form of authentic documents under the law, meaning that the contract must be certified notarized. In applying this provision of the law, our Supreme Court in Gallardo v. Intermediate Appellate Court held that an undistingalable private sale of land purchases is certainly not registered under the Constitution (155 SCRA 248). When signing a contract, contractors sometimes ask: «Does my contract have to be notarized or certified?» Since it is easy to confuse a genuine agreement between a discussion of the agreement, the law has developed different rules to clarify these situations. What this little legal «mumbo-jumbo» means is that if a person`s signature is notarized, many courts waive the legal obligation to prove the authentication of the contract, and that alone can save you a lot of time and money in court. As a general rule, a contract should not be certified notarized or considered binding. But for most contracts, we generally do not require them to be certified or notarized, «legal.» The notary raises the question of the identity of the parties who sign the contract. A notary can play an important role in ensuring that a contract is legally enforceable, even if a notarization is not necessary.
As wills, there is generally no requirement that a contract be certified notarized to be legally binding. A long time ago, it was legally necessary to certify many types of notarized contracts. Today, however, the law generally requires that only a few types of documents must be authenticated notarized to be legitimate and valid. The most common area where notarization of signatures is still necessary is on real estate. Since this would only apply to written contracts, a notarized contract could be particularly important for agreements that must be concluded in writing. These include real estate sales, wills, debt contracts and real estate rentals for more than one year. Like notaries, witnesses are generally not necessary to make a contract legally enforceable. However, each state may require only specific types of contracts (for example. B, real estate transactions, wills and marriage contracts) are certified by a third party in order to be binding. 2.
The aforementioned agreement has no legal teeth, as it was not signed by the authorized person and was not registered. Yes, I understand that it can be difficult to find a notary to witness the signing of the contract. But smart entrepreneurs know how important it is to have signatures for this important contract or notarized agreement. Should a contract be notarized? In general, no. Notaries identify the person who signs the document and certify the person`s signature. A notarized document proves that a person who opposes the agreement was someone who signed it. This applies in particular to written contracts, so that a notarized document may be relevant in the documents to be written. A notarized certified document is not necessary, but it is useful that your contract is never brought to justice. As a general rule, it is not necessary to certify a notarized contract.