Connection lost
Server error
Legal Definitions - escritura
Definition of escritura
In legal systems influenced by Spanish law, an escritura refers to a formal written legal document. It is typically prepared or authenticated by a public official, such as a notary, or bears an official governmental seal, giving it significant legal weight and authority. It is more than just a simple written agreement; it signifies a document that has met specific legal formalities to ensure its validity and enforceability.
Example 1: Property Sale
Imagine a couple purchasing a new apartment in Spain. The document that officially transfers ownership from the seller to the buyers is an escritura de compraventa (deed of sale). This document must be signed before a public notary, who verifies the identities of all parties, ensures compliance with legal requirements, and then officially records the transaction. This formal process makes the escritura the definitive and legally recognized proof of ownership.
Example 2: Establishing a Business
An entrepreneur in a country like Mexico wishes to establish a new limited liability company. To legally form this entity, they must execute an escritura de constitución (deed of incorporation). This formal document, prepared and signed before a public notary, outlines the company's structure, shareholders, and initial capital. The escritura formally creates the legal entity, grants it legal personality, and is subsequently registered with the commercial registry, making it a public and legally recognized business.
Example 3: Granting Power of Attorney
Consider an individual living abroad who needs someone in their home country, such as Argentina, to manage their financial affairs or represent them in a legal matter. To formally and legally grant this authority, they would execute an escritura de poder (deed of power of attorney). This document is typically prepared and certified by a notary public, ensuring its authenticity and legal enforceability, thereby allowing the designated person to legally perform actions on behalf of the grantor.
Simple Definition
In Spanish law, an *escritura* refers to a formal written legal document. It commonly denotes a contract or, more specifically, a deed. These documents are typically prepared by a public notary or bear an official governmental seal, ensuring their legal validity.