{"id":681,"date":"2020-12-12T00:16:04","date_gmt":"2020-12-12T06:16:04","guid":{"rendered":"https:\/\/sernice.com.gt\/?page_id=681"},"modified":"2024-09-18T15:45:31","modified_gmt":"2024-09-18T21:45:31","slug":"derecho-notarial-y-jurisdiccion-voluntaria","status":"publish","type":"page","link":"https:\/\/sernice.com.gt\/en\/derecho-notarial-y-jurisdiccion-voluntaria\/","title":{"rendered":"Notarial Law and Voluntary Jurisdiction"},"content":{"rendered":"
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Services in notarial matters and voluntary jurisdiction<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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We provide the best legal advice in notarial matters and voluntary jurisdiction<\/strong> to clients: individuals and companies in Guatemala.\u00a0<\/p>\n

We provide the best legal advice <\/strong> to clients: individuals and companies in Guatemala.\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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SERNICE<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The best legal advice in notarial matters<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1)Promise contracts:<\/b><\/p>

The promise contract is the agreement of wills by which the parties undertake to enter into, within the time period agreed upon for that purpose or, failing that, the time period specified by law, a specific, lawful and possible contract. If the obligation to enter into the future contract is reciprocal, both parties will be both promissory (who promise or offer) and promissory (whoever is promised or offered) and the promise will be bilateral. If, on the other hand, only one of the parties binds itself and the other party only has the right to demand, but not the obligation to conclude the future contract, the former, i.e., the obligor, will be a promising party, while the latter, i.e., the exempt from obligation, will be a promising or opting party. In such a case, the promise shall be unilateral in nature, optional for the promissory party.<\/span><\/p>

2) Mandate contracts:<\/b><\/p>

The mandate contract is the express and solemn agreement of wills by means of which one of the parties, called the principal or power of attorney, instructs the other party, called the agent, proxy or power of attorney, who accepts it expressly or tacitly, to perform one or more acts or business of a legal nature on his behalf and for his own account (mandate with representation) or in his own name, but on behalf of the principal (mandate without representation).<\/span><\/p>

The first paragraph of Article 1686 of the Civil Code defines such contract as follows: \"By the mandate, one person entrusts another with the performance of one or more acts or businesses.<\/span><\/p>

3) Civil society contracts:<\/b><\/p>

The civil society contract is the agreement of wills by which two or more persons constitute a legal entity different from the contracting parties, endowed with legal personality, patrimony and own domicile, with capacity to appear in judgment in defense of their interests, to which they are obliged to deliver contributions in money, goods or industries, in order to exercise certain noncommercial economic activity and divide the profits obtained among the partners.<\/span><\/p>

4) Sales contracts:<\/b><\/p>

The contract of sale is the agreement of wills by means of which a party, called the seller, transfers the property of a thing (movable or immovable property, credit right or intellectual right) and is obliged to deliver it in exchange for a price to be paid in money by the other party, called the buyer, who undertakes to receive it.<\/span><\/p>

5) Swap contracts:<\/b><\/p>

Swapping is the agreement of wills by which one party transmits to the other, the ownership of one thing, in exchange for the ownership of another thing that the latter in turn transmits to it.<\/span><\/p>

In other words, it is that contract concluded between the parties and which has as its specific purpose the transfer of things or objects. That is to say, when the parties agree on the values of the things they want to exchange, they resolve to transfer their ownership to each other. Since, obviously, not all things have exactly the same value, the exchange allows the parties, when they understand it, to recognize in favor of the one who has the object of greater value a balance, which can be paid with a sum of money compensating the difference.\n\nTranslated with www.DeepL.com\/Translator (free version)<\/span><\/p>

6) Live donation contracts:<\/b><\/p>

The donation between lives is the agreement of wills by which a person (donor), transfers the property of a thing or of all its things to another one (donee), or resigns to its favor certain credits or right that with respect to her had, with spirit of liberality; without any other cause unless it was a specific reason of gratitude by certain action made by the beneficiary, or to recognize to this one certain merits, without that there is in no case consideration in return.<\/span><\/p>

7) Mutual Contracts.<\/b><\/p>

The mutual agreement is the agreement of wills by means of which one of the parties, called mutual or lender, delivers to the other, called mutual or borrower, a certain amount of money (in national or foreign currency), or of fungible things, with the obligation of the latter to deliver, at the expiration of the conventional or legal term, an equal amount of the same kind and quality of that received, plus the agreed-upon interest or, failing that, the legal interest, unless it has been paid during the course of the term or it has been expressly agreed that there would be none.<\/span><\/p>

8) Life annuity contracts.<\/b><\/p>

The annuity contract is the agreement of wills by which one party, called the principal or the annuitant, transfers the ownership of certain assets to the other party, called the debtor or the recipient, in exchange for the payment of a periodic pension, duly secured, during the life of the annuitant, which may be the principal or a third party designated by him.<\/span><\/p>

9) Lease agreements.<\/b><\/p>

The lease is the agreement of wills by which one of the parties, called the lessor or lessor (or lessor, in the case of urban real estate), undertakes to deliver temporarily to the other, called the lessee (tenant or lessee) a movable or immovable thing, so that he or she may possess it in the name of the lessor and use it for the agreed purpose or in the one that is more suitable according to its nature, in exchange for the payment of a rent that he or she undertakes to pay in money or in kind.<\/span><\/p>

10) Bailment contracts.<\/b><\/p>

A bailment contract is an agreement of wills by which one party, called the bailee, gives to another party, called the bailee, non-expendable movable or semi-movable things, to be used free of charge for a certain purpose and for a certain period of time, and returns them without any other deterioration than that which is unavoidable, however, prudent use.\u00a0<\/span><\/p>

11) Deposit contracts.\u00a0<\/b><\/p>

The deposit contract is the agreement of wills by which one of the parties, called the depositor, gives to the other, called the trustee, personal property for the latter to keep, preserve and guard and, when the term expires or before if requested, to return it to the depositor or to the person in whose favor the deposit was made, or to whom the judge orders it.<\/span><\/p>

12) Work or company contracts.<\/b><\/p>

The contract of work or company, is the agreement of wills by means of which a part, called contractor, industralist or artificie, is forced to obtain a certain result, that can consist of making, constructing or executing a movable or immovable work, in accordance with the agreed specifications or, in its defect, customary, and to give it to satisfaction of the other part, denominated proprietor, capitalist or commander, who will pay in exchange for a certain price.\u00a0<\/span><\/p>

13) Professional services contract.<\/b><\/p>

The professional services contract is the agreement of wills through which one party, called the client, requires from the other, called the professional, the provision of a material or intellectual service, of a technical nature, in exchange for a fee that the latter receives.<\/span><\/p>

14) Bail Contract<\/b><\/p>

The surety agreement is the agreement of wills by which one of the parties, called the guarantor, undertakes before the other, called the creditor, to comply with the obligation of a debtor or principal, if the latter does not do so within the established term.<\/span><\/p>

15) Mortgage contract.<\/b><\/p>

The mortgage contract is the agreement of wills by which a party, called the mortgagor or mortgage guarantor, expressly encumbers one or more real property or rights in rem on real property, which can be sold, without losing possession, to guarantee compliance with a given principal obligation, before the other party called the mortgagee, who by accepting it, also expressly, acquires in the event of default a right of prosecution, judicial sale and preference in payment, the latter according to the place of the encumbrance in the corresponding registry entry.<\/span><\/p>

16) Contrato de prenda.<\/b><\/p>

The pledge agreement is the agreement of wills by which one party, called the pledgor or pledgee, expressly encumbers one or more personal property to guarantee the performance of a given obligation, before the other party, called the pledgee or pledgee, who also expressly accepts the encumbrance.<\/span><\/p>

17) Transaction agreement.<\/b><\/p>

The settlement agreement is the agreement of wills by means of which the parties, known as the compromisers, by means of reciprocal sacrifices of the same or of a different nature and amount, resolve some matter of interest to both parties about which, due to lack of certainty, they had a disagreement or about which an extrajudicial or judicial controversy had already arisen.<\/span><\/p>

Article 2151 of the Guatemalan Civil Code with respect to this contract states \"The transaction is a contract by which the parties, by means of reciprocal concessions, decide by common agreement a doubtful or litigious point, avoid the lawsuit that could be promoted or finish the one that is already started\".<\/span><\/p>

18) Modification contracts: corrections, additions and clarifications.<\/b><\/p>