The legal value of the notarial contract during the real estate publicity phase and the extent of the impact on contractual security

Abstract

The notarial contract is a mechanism for regulating and securing real estate transactions and enjoys dual legal force; The power of proof, and the force of execution, is similar to judicial rulings possessing the power of the reversal, this value constitutes the strongest safeguards in the achievement of contractual security, and the provision of public confidence in financial transactions in general. However, the legislator in the field of real estate disposals does not recognize the possibility of the notarial contract having the in-kind effect of transferring real property and real-estate rights between the parties and the invocation thereof. And the consequence of the real estate publicity procedure, which is not one of the pillars of the contract; there is no reason for the right to arise, which would prejudice contractual security requirements sought by contractors by formalizing their real estate actions to ensure that all conditions of validity and legality are met.