Abstract

PALLARES-RIVERA, Kevin Ignacio; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Notary officials and voluntary donations by older adults and their impact on legal proceedings. Noesis [online]. 2025, vol.7, n.esp2, pp.671-687.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.611.

This article analyzes the impact on the property rights and self-determination of older adults when making voluntary donations before notaries, especially in contexts of vulnerability due to advanced age or degenerative diseases. Using a qualitative and interdisciplinary approach (philosophical-legal and dogmatic-legal), it examines family, institutional, and regulatory factors that limit their free will. It reviews doctrinal, jurisprudential, and regulatory documents and shows how the notary's subjective assessment can restrict access to the formalization of voluntary acts. The research proposes a critical analysis of compliance with legal formalities in donations made by older adults, highlighting the need to incorporate technical expertise in cases of doubt about legal capacity. It concludes that the lack of adequate guarantees can violate fundamental rights and raises the urgency of reforms to strengthen the legal and notarial treatment of this priority group.

Keywords : Elderly people; notary public; donations; property rights..

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