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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal filed by a notary against the suspension of the registration of a deed for the adjudication of an inheritance. The registrar required death certificates for the deceased's parents to prove their premortality, citing a lack of documentary evidence regarding the non-existence of forced heirs. The notary appealed, arguing that the parents' age (having reached 114 years) makes their premortality a notorious fact and statistically evident, questioning formalistic rigorism in the face of biological reality.
For legal professionals (notaries and lawyers), the ruling highlights the tension between registry doctrine, which demands strict documentary proof (death certificates), and interpretations based on notoriety and statistical probability. For heirs, this implies a risk of registry suspensions in successions where documentation for very elderly ancestors is unavailable, potentially forcing reliance on acts of notoriety that the registrar may deem insufficient.
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