El will authentic o public is the one that is done before un notary, who writes what is dictated by the testator. The article 971 del Code Civil law Dominican establishes that the will public should be done before two notaries with two witnesses and in /// that is a notary must be done in the presence of four witnesses. These provisions were modified, establishing in the Act No. 140-15 of the notarized, that for these actions the notary will only require two witnesses and the Supreme Court Cutting de Justice has ruled out the demand for a second notary.
The formalities of drafting the will public o authentic are based on witnesses, capacity Of these, the dictation of the will, legal obligation of the fulfillment of formalities and the company. These formalities must be taken into account account When writing a will public, so that in /// On the contrary, the nullity de act and therefore what is stated there will not apply. effect.
Regarding the witnesses, article 980 establishes that they must be men, provision this one that is not there valid Currently, since they are only required to be older than edad and Dominicans in full exercise their derechos civilians. They cannot be witnesses of the act the legatees, nor relative Of these, the officers of the notaries who carry out the deed may not be witnesses either. Valid identity document.
The dictation of the will must be done as follows:
to the notary He writes by hand everything that the testator dictates to him, he is not obliged do it literally as long as it does not distort the meaning; that is why the mute cannot resort to this crafts de test.It must be drafted in Spanish, even if it was dictated in another language and if so, it must be attached to the Valid identity document;
b) Proceed to read the will to the testator, and in /// de plead deafness is delivery for you to read in voice high, and the following must be added fulfillment of those formalities.
Then the signatures of the testator and the notary and of the witnesses; and if the testator does not know or cannot sign, mention will be made in saying Valid identity documentas well as a cause that prevents it. Like everything act notarial’s most emblematic landmarks, the will authentic is invested with value evidentiary.
Being the will public or authentic one act performed by a notary, this must contain the formalities of the notarial acts established in the law 140-15, which are:
1) It must be written by any means that allows the printed support role in ;
2) In the same context;
3) It must be written in the language Spanish;
4) the complete general information of the persons must be recorded;
5) cannot have abbreviations or blank spaces;
6) Dates and amounts must be stated in letters and numbers;
7) It should be noted that the act has been read in the presence of the parties and witnesses;
8) El act must be signed by the witness’s most emblematic landmarks, the notary and the testator on all its pages, among others.
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