Escribanos Notary Public in Argentina
What does an Argentine escribano do?
An Argentine escribano is a legal professional who holds a unique position in the Argentine legal system. They are trained in notarial law and are authorized to perform a variety of legal functions, including:
Certifying legal documents: Escribanos in Argentina are responsible for certifying legal documents, such as property titles, contracts, and wills. They ensure that these documents are legally binding and have been signed by the parties involved.
Drafting legal documents: In addition to certifying documents, escribanos can also draft legal documents, such as contracts, wills, and powers of attorney. They are trained in the drafting of legal documents and can ensure that these documents comply with all legal requirements.
Mediating disputes: Escribanos can act as mediators in disputes between parties. They can help parties reach an agreement and can draft a legally binding document to settle the dispute.
Providing legal advice: Escribanos are also authorized to provide legal advice to clients. They can advise clients on legal matters related to property, contracts, and other legal issues.
Notarizing signatures: Finally, escribanos can notarize signatures on legal documents. They ensure that the person signing the document is who they claim to be and that they are signing the document voluntarily.
Overall, an Argentine escribano plays an important role in the legal system, ensuring that legal documents are properly certified and that parties are following legal requirements.
Differences between an Argentine escribano and a US notary public
An Argentine escribano and a US notary public are both legal professionals who are authorized to certify certain documents, but there are several differences between them:
- Education and Training: In Argentina, an Escribano is required to have completed a five-year degree in Notarial Law, whereas in the US, a Notary Public only needs to pass an exam and be licensed by the state.
- Scope of Authority: Escribanos in Argentina have broader powers than US notaries public. In addition to notarizing documents, they can also draw up legal documents, provide legal advice, and act as mediators in disputes. Notaries public in the US are generally limited to notarizing documents.
- Legal System: Argentina follows the civil law system, whereas the US follows the common law system. This means that the role of the Escribano is more prominent in Argentina, and their services are required for many legal transactions. In the US, notaries are mainly used for verifying signatures and identities.
- Liability: Escribanos in Argentina have greater liability than notaries public in the US. They are responsible for ensuring that the documents they notarize are legally binding and can be challenged in court. Notaries public in the US do not have the same level of liability.
- Fees: Escribanos in Argentina charge fees that are set by the government, whereas notaries public in the US are free to set their own fees, subject to state laws and regulations.
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In summary, both an Argentine escribano and a US notary public are legal professionals. They certify documents, there are significant differences in their roles, education, scope of authority, liability, and fees.
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