What does a notary public do in Paraguay?
A notary public (escribana pública) is a legal professional with public faith (fe pública): what she drafts and certifies has full legal force. She prepares deeds, certifies signatures and copies, and records facts in notarial records. Paraguay follows the Latin notary system, like Spain, Argentina or Brazil: the notary advises the parties and answers for the legality of the act.
What public faith means
Public faith (fe pública) is the authority the State delegates to the notary to attest as true what happens before her. If a deed states that two people signed on a given day, that fact is taken as true without further proof, unless someone proves in court that it is false.
That is why deeds are used for the acts the law wants to be most secure: the sale of a property, a mortgage or a power of attorney to sell.
Which documents a notary prepares
- Public deeds (escrituras públicas): sales, mortgages, gifts, powers of attorney, company formations and wills.
- Certification of signatures on private documents, such as a lease agreement.
- Certified copies of original documents.
- Notarial records (actas notariales), in which the notary records a fact she saw or heard.
- Recording (protocolización) of private or foreign documents.
How it differs from a notary public in the US
In the United States, a notary public only verifies the identity of the person signing. In Paraguay, the notary holds a specific university degree, drafts the document, checks that the act is lawful, advises both parties equally and keeps the original in her protocol (protocolo), the register of her deeds. That is why a Paraguayan deed carries much greater legal weight.
This answer is general information about Paraguayan law and is not a substitute for advice on your specific case.
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Related service: Certifications and notarial records