Abstract

GAONA-SANCHEZ, Esthela María; CHACON-GOMEZ, Naybe  and  CASTRO-SANCHEZ, Fernando de Jesús. Causes and effects of the ineffectiveness of legal acts and notarial nullity in Latin America. Noesis [online]. 2025, vol.7, n.esp2, pp.49-60.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.477.

The study analyzed the ineffectiveness of legal acts and the nullity of notarial public instruments in the context of the Latin notarial system. Its objective was to explain the causes and effects of these legal concepts and their relationship with comparative law. The research was conducted using a qualitative, non-experimental, cross-sectional approach, employing documentary analysis and interviews with specialists in notarial and registry law. The results showed that the nullity of the notarial public instrument, caused by defects of form or solemnity, leads to the nullity of the legal act, while the nullity of the legal act does not necessarily imply that of the instrument. Structural differences between the Latin and Anglo-Saxon notarial systems were also identified. It was concluded that legal certainty is strengthened through the correct application of the principles of Latin notarial practice, guaranteeing authenticity, certainty, and protection in legal acts.

Keywords : Notarial law; nullity of legal acts; comparative law; legal certainty..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )