Abstract

ALMEIDA-VALENCIA, Martha Veronica; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Notarial requirement for compliance with the preliminary sales agreement. Noesis [online]. 2025, vol.7, n.esp1, pp.1082-1099.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.467.

This study aims to conduct a legal analysis to determine the mandatory nature of the notarial requirement prior to filing a lawsuit for breach of a promise to purchase real estate. Using a methodology based on doctrinal and documentary analysis, the research seeks to establish whether this act is a relevant and necessary requirement. The main thesis argues that this requirement is essential, as it serves as an effective mechanism to compel the debtor to comply out of court. In a high percentage of cases, this would resolve the conflict without the need to go to court, thereby reducing the burden on the administration of justice and promoting the self-composition of the conflict.

Keywords : Promise of sale; notarial requirement; contract; compliance..

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