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Revista Chilena de Derecho Privado

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Revista Chilena de Derecho Privado

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You are here: Archives/Comentarios de Jurisprudencia/No. 42

NOTARIAL INSTRUCTIONS AND THE ROLE OF THE NOTARY PUBLIC IN THE PAYMENT OF THE PRICE AT THE SALE

Authors

Javier Rodríguez
Pontificia Universidad Católica de Chile.

Files

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Key Information

Keywords

sale, payment, price, notary public, instructions

Abstract

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.

Details

DOI

https://doi.org/10.32995/S0718-80722024868

Published

August 30, 2024

Issue

No. 42 (2024): Agosto - 2024

Section

Comentarios de Jurisprudencia

How to Cite

Rodríguez, J. (2024). NOTARIAL INSTRUCTIONS AND THE ROLE OF THE NOTARY PUBLIC IN THE PAYMENT OF THE PRICE AT THE SALE. Revista Chilena De Derecho Privado, (42). https://doi.org/10.32995/S0718-80722024868

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