Legal Definitions - escribano

Escribano

An escribano is a public official found in legal systems, particularly those with Spanish influence, who is authorized to formally document and certify a variety of legal acts and agreements. Their primary responsibility is to ensure the authenticity and legal validity of these documents by drafting them, verifying the identities of the parties involved, and recording them in official public registers. This role is broader than a typical notary in some jurisdictions, often encompassing the drafting of complex legal instruments and the recording of judicial proceedings.

• Example 1: Real Estate Purchase

  When a family in a country like Argentina purchases a new home, an escribano would be essential to the process. They would draft the official deed of sale, verify the identities of both the buyer and seller, ensure all legal requirements for the property transfer are met, and then formally register the transaction in the public land registry. This ensures the legal validity and public record of the "transaction between private persons."

• Example 2: Establishing a New Business

  Imagine two entrepreneurs in Mexico decide to form a new corporation. An escribano would be engaged to prepare and certify the company's articles of incorporation, authenticate the signatures of the founders, and officially register the new business entity with the relevant commercial registry. This formalizes the "contract between private persons" and gives the new company legal standing.

• Example 3: Recording Court Judgments

  In certain judicial systems, after a judge delivers a final verdict in a civil lawsuit, an escribano might be responsible for meticulously documenting the entire judgment, including the judge's reasoning, the specific orders issued, and any other official actions taken during the court proceedings. This creates an authoritative and legally binding record of the "judicial acts and proceedings" for future reference and enforcement.