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NOTARIAL FUNCTION OF LEGALITY CONTROL IN CHILE
The present work analyzes the notarial function of legality control in Chile from its configuration as a Latin-type notary. To this end, the principles that inspire the role of the Latin notary and the configuration of the notarial function in Chile are outlined. After that, the notarial function of legality control and its different manifestations in chilean legal system is examined, highlighting the absence of express legal recognition of this function in general terms, which leads to propose arguments in favour of including such recognition in future notarial reforms.
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EXTENSION OF RESPONSIBILITIES DERIVED FROM NOTARY INSTRUCTIONS AND LIABILITY OF NOTARY CIVIL BREACH
The present article pretends to demonstrate that the notarial instruction not only apply to the Notary where held, but also to his substitute, based on article 402 of the Organic Code of Courts. Therefore, as a result of the extension of responsibilities to non-compliance or default compliance of instructions, liability for defaulting notary is generated, regardless class ruled by contractual status. However, once special characteristics of the notarial function be attended, a concurrence (cluster) od responsibilities arise.
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NOTARIAL INSTRUCTIONS AND THE ROLE OF THE NOTARY PUBLIC IN THE PAYMENT OF THE PRICE AT THE SALE
A recent decision of the Supreme Court offers valuable guidelines regarding the way in which a notary public must comply with the instructions given by the parties at a sale to pay the price. The decision highlights the lack of leeway of the notary public in order to determine the scope of the instructions, as well as his or her inability to interfere in the risk allocation agreed by the parties. The Supreme Court also deepens in the legal nature of the instructions and applies to them the rules of the contract of mandate. The commentary critically reviews these subjects in view of the practical scope which the instructions fulfil.