Ten questions about the notarial judgment of capacity: An attempt possible answers

Abstract

After several questions, it is made a doctrinal analysis of the notarial judgment of capacity, as problematic judgment that the notary makes, in reason of the performance of his duties. It is debated about his exclusive character or not in the public scriptures, and the consequences of his absence in both material and formal ways, as well as its willful or fraudulent appreciation by the notary public. Special reference is offered about the notarial judgment of capacity in people with psychic or intellectual disability, based on the postulates of the Convention of the Rights of the People with Disability, approved in New York, in 2006.