Legal certainty: everything you need to know

By Juan Madridejos Velasco and Luis Alberto Álvarez Moreno, Notaries of Barcelona and partners at J&LA Notarios Asociados.

One of the main challenges of different human societies is to achieve a common legal certainty from which all individuals and groups can benefit. According to the RAE, these terms serve to define the qualities of a legal system that must ensure the certainty of the regulations and their subsequent application. Furthermore, in Spain it is one of the constitutional principles to be taken into account.

Principle of legal certainty

In order to understand how the principle of legal certainty can affect families, it is important to initially understand it at a global level. In most developed countries, there is legislation that ensures the fulfilment of this right. In Spain, not to go any further, it is included in article 9.3 of the Spanish Constitution.

Through these different mechanisms of legal protection, it is possible to ensure the fulfilment of people's rights.

Legal certainty also includes areas such as real estate or finance. Thanks to legal certainty, people will be able to carry out their investments more securely. It is important, to have the utmost security, that citizens receive the best legal assurance in their legal procedures. Our team of Notaries in Barcelona and the entire JLA Notarios team will always look after your security, seeking to provide the best possible service from our Notary office on Avenida Diagonal in Barcelona.

The Notary as an instrument of preventive legal security

Notaries are a fundamental part of guaranteeing legal certainty in a country. Notarial legal certainty is one of the foundations of the Social and Democratic Rule of Law, included in article 1 of the Constitution. For its part, preventive legal certainty is to legal certainty what preventive medicine is to health. A state like Spain cannot do without a public system that is efficient and secure.

For this reason, through our work in the notary office in Barcelona we guarantee the subjective rights of citizens. We have the duty to comply with the regulations by certifying different acts between individuals.

This principle of security guarantees freedom and allows us to carry out all our projects with confidence. Notaries are a full guarantee of the social state in which we want to live.

Common examples of legal certainty

In the day-to-day of our office, we can find multiple examples where we must safeguard this legal protection. One of them is people who are approaching their retirement age and who need to put all their assets in order. They are not sure that the public benefit will be sufficient and, moreover, they want to have their will made. The notarial function can be of great help to provide them with the security they require. If you are interested in this topic, you can consult our blog article:

Other examples are property sales in which the Notary will review a large amount of documentation to guarantee the security of the buyers, and inheritances in which the Notary ensures compliance with the law and prevents numerous problems that would arise without their intervention.

If you want to see more examples you can read our article about When to go to the notary.

Personalised legal advice

Legal advice is necessary at many moments for any important project we may have. For this reason, it is essential to have a group of experts in the different branches of law. Civil, commercial, social or contentious-administrative law and tax law are some of the main branches that exist and where actions governed by legal certainty are carried out.

In conclusion, being able to guarantee legal certainty is one of the main functions of Notaries. At JLA Notarios we endorse the fulfilment of this right through the best notarial services. For this reason, we have excellent professionals whose aim is to offer you the best advice. So, if you have any questions, you can consult us at our notary office, via email or through the contact form on our website.

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