Como garantir segurança jurídica em inventário e usucapião mesmo sem padronização nos cartórios

Added: 2026-05-13

[00:00:00]Let me go back to that inventory story. Look how cool! Just look.

[00:00:04]There was a promise of purchase and sale.

[00:00:06]A promise of purchase and sale. OK.

[00:00:09]Buyer, seller. The promise.

[00:00:12]The buyer died. It's not the seller, the buyer died.

[00:00:15]They filed for probate in order to organize the estate. And what did they have to inventory? The acquisition rights of that contract. OK?

[00:00:28]Beauty? In the middle of the inventory process, you find out, "Oh, it's paid off," he had already paid it off.

[00:00:34]What would you invent now? And then the judge granted the following: the inventory of the property itself, of the property.

[00:00:47]This promise of purchase and sale wasn't even registered in the property's title deed; it wasn't in the name of the prospective buyer.

[00:00:57]They inventoried the rights under the contract, and the judge, having already settled the matter, inventoried the property itself, and issued a formal partition document stating that the property ownership, which he only had a promise to fulfill, must be registered in the property's registration in relation to that heir. Interesting, is n't it? Interesting. Because, considering what line of reasoning he used, right? If the property was paid off, he understood that only the act of transfer was missing.

[00:01:31]Then it got locked in the furniture register, locked. And I think it's locked, it's not on mine, right? Because it didn't have TBI. And this is a typical inventory with ITCMD (Inheritance and Gift Tax) and ITBI (Real Estate Transfer Tax). TCMD because there was a succession causing deaths and TBI because there was a promise that the purchase and sale had to be made.

[00:01:49]Interesting, isn't it? You think, you sensed the judge's reasoning, it came straight from here, right? Sometimes we, those of us who are here in extrajudicial live streams, have to use our minds to understand the reasoning that the judge used, because sometimes we don't see his reasoning. We need to think about it; a case was handled at the registry office and it's already been resolved, right? It took us a while to understand the reasoning behind it. And I think maybe it's just me who doesn't understand, right? But it wasn't me, the clerks, it was my colleague, right?

[00:02:21]There was, look, look at that, how interesting. That's really cool. Not having an audience is no problem at all. A lawyer filed a claim for adverse possession of a property that was registered in the fourth zone of the land registry belonging to my friend Shada, OK? Fourth zone. He gathered the registration, filed the legal paperwork, everything's OK.

[00:02:43]But the property, in fact, belonged to the sixth one, right? So the registration was there, but it had to be taken to Friday, but that wasn't done, right? So he went in with the captains in the fourth zone, okay? He went to the land registry, picked up the registration document, and left. When the court decision came out, the court decision granting the land captions, the system sent it directly to us. So, because the property was in our jurisdiction, it was transferred to the sixth zone. Then the people at the registry office looked and said, "Okay, but there's a registration from the fourth zone here, right? It's here, right? But it hasn't been brought here yet. What we asked for, right? That the updated certificate from the fourth zone be presented, you know this, so we can open a registration in the sixth zone, and that's what I want. And then register the possessory rights."

[00:03:37]The judge understood that no, no, no, no, no. Why? Because since possessory rights are an original acquisition, the registration opens directly. Interesting way of thinking.

[00:03:49]And in my head, not only mine, but everyone who was there's, no. First you have to bring it and then open it, right? And in his, no, open it directly and then notify. And then we were in this impasse, right? I was like, wow, but is that possible?

[00:04:02]How do I think about this way of thinking? Then I talked to my colleagues and most of them, no, bring the registration and open it.

[00:04:09]But how was I going to bring this registration if it was all AJ?

[00:04:15]Who's going to request this registration there? Well, then someone has to. To request registration in the fourth zone. Who will request registration there? Me, the registrar, I'll go there to request registration. I'll tell the party— the party wasn't even there because it came directly through the judicial system, through the NR, right?—to ask the judge.

[00:04:35]Adriana was there when we talked, right? Adri, and then I asked, actually, we asked the judge, right?

[00:04:41]Say: "Look, you would have to present the registration from the fourth zone."

[00:04:46]And the judge said: "No, it's the original acquisition, you have to open it." My fear was that I would open the registration here and also have the registration there. That's a fear. " So I need to download it somehow, but I don't have the power to go there and download it because it's another registry office."

[00:05:10]So I called my colleague and explained, right?

[00:05:12]We figured it out, we found a way, right? I'm going to officially notify him explaining that there was this download and that there was free legal assistance so that he can then do it, because he has to make a registration there. And this registration has costs and there are stamps from the Court of Justice. It's monuments and stamps.

[00:05:32]But of course, if the free legal assistance covers everything, that's an internal problem for us, right? But look, we always study continuity, right, everyone here knows about continuity, right? Continuity of acts.

[00:05:45]So, the property was acquired by adverse possession, it arrives at my registry office, the registration isn't with me.

[00:05:49]What's the first thought of continuity? This would even be good for a competitive exam, right? If you're going to prepare the exam for a competitive exam, look at this good trick question, right? It kills half the students on the spot, right? The judge says: "Open the registration for the adverse possession, original acquisition." Then the registrar says, "Ah, send me the registration from the registry office so I can open it here and then I'll register the negative encumbrances."

[00:06:15]And you know what's worse? Our code of regulations says: "To open the registration you have to request the updated one and the negative certificate of encumbrances and actions, right?"

[00:06:25]But if it was adverse possession, there were no burdens or legal actions. So when we request it, right, when we request it through the system, we need the registration number and it's already included with the encumbrances and actions. Then the judge looked and said, "What burdens and actions are there if I acquire ownership through adverse possession?" That's when I understood him better, you know? So actually I could have opened it, but it was already there. It is the original acquisition of the part. Exactly. Gutenberger, but the property already exists. But in the judicial understanding, what?

[00:06:53]Registration is now open. Well, you come with this talk about bringing enrollment here, it opens the door, right? And that's what we got stuck on there, right?

[00:07:03]So we had a meeting, the people who were working on the case, I talked to other colleagues and said: "Look, interesting, isn't it? Interesting because the judge's thinking isn't wrong, it's the original acquisition, but in my view I had to bring the property here."

[00:07:19]So I opened a registration and sent an official letter to the fourth zone saying: "Look, according to the court order, I opened the registration here, original acquisition, the original registration exists there and I ask that you close it, right? But just so you can see how we learn something new every day. In my natural way of thinking, I would first have to open the registration of the property coming from the other jurisdiction. In the judicial way, no. And this can vary, folks, from judge to judge. The understanding. There may be a judge who says: "No, bring the registration here after opening it, then you register the escape, okay?"

[00:08:04]Helena put, open the registration and cancel another. It's not cancel.

[00:08:09]Be careful, folks, with the difference between cancellation and closure of registration.

[00:08:14]Be careful, this question is appearing in my inbox, I don't know why. Be careful, folks. Cancellation of registration is because there is a defect.

[00:08:24]We cancel what is invalid.

[00:08:28]We cancel what has a problem of nullity or annulment.

[00:08:35]Closure is not canceling. Closure is because There's nothing else of interest in that registration, because everything has been transferred to others.

[00:08:45]Either the registration fulfilled its purpose and now another one has been opened for it, for its parts, or specifically after a, let's say, corrective order. So, annulment has nothing to do with closure. A classic example of closure: I have a 1000 m² property, divided into two 500 m² lots.

[00:09:09]I close that registration and open two 500 m² lots. If I don't annul it, everything that comes after will also be annulled.

[00:09:20]Now, an example of annulment of registration or annulment of entry: is there a flaw in the opening or a flaw in the entry? Then a court order comes and annuls it, right? For me, the maxim remains: a registration or entry can only be annulled judicially, okay?

[00:09:43]Closure involves an act of the registrar or the judge, but annulment does not. Ah, but professor, there's an exception, right? Yes, yes, Proceeding 295 even brought up something a little imperfect in it. Okay, so, my opinion? Do you want to see when we have a controversial case? When there are duplicate registrations, when there are duplicate registrations, good morning, Luana. Our thinking is that one is wrong, one has to be annulled, and that's the right way to think, isn't it?

[00:10:24]The issue is that registrars have developed a technique over the years to resolve this when there's no harm, which is what? It's an administrative closure of the registration.

[00:10:39]Based on what, right? Based on a rectification, saying: "Look, this registration was a mistake, it was opened twice, there's no harm whatsoever, I'm closing it, right?" Okay? So, it's a method that has been created over the years.

[00:10:56]When can't this be done? When they have different, contradictory things.

[00:11:05]For example, the registration is duplicated and one of them has a mortgage to Santander and the other has a mortgage to Banco do Brasil. Isn't that contradictory?

[00:11:17]Yes. One has a fiduciary alienation, it has a mortgage. It's contradictory, and then the registrar solves this problem alone, okay? That's a case... Regarding judicial intervention, but as a rule, when you accidentally opened a registration twice with the system, you can manage that. In Provision 195, remember that I did four live streams on Provision 195. There's a moment when it talks about annulment, which in my understanding is closure. Is everything alright?

[00:11:48]Because the registration law itself also commits this small, uh, let's be kind, right? This small, ah, this small detail. There. Okay. If they do n't kill anyone. There. Small detail. It's resolved. It's resolved. Okay. So, annulment is judicial.

[00:12:15]My throat is almost better, folks. In about 300 days it will be better. Slide, Alberi. That could also be it. Let's go. I have some cases. I talked about all the escape from inventory cases. I talked about all of them.

[00:12:30]OK. And now let's go to the community cases.

[00:12:33]Let's go, we have cases here, my brothers. And Ana, a simple question, but one that also appeared in the question box, okay? The possession session above... Does a transfer of possession for 30 minimum wages need to be done through a public deed or can it be done through a private instrument?

[00:12:59]Possession can be done through a public deed, okay? And it can be private as well.

[00:13:04]Possession is allowed, okay? Now, if you're buying something that only has possession, you have to be a little more careful with your business. Therefore, do it through a deed, okay? Oh, there are places that don't do it. Maybe the notary understands that it's not quite like that. Why?

[00:13:27]I'll explain that to you too. Let's just stir things up because here in Rio Grande do Sul, it's war zones.

[00:13:34]What's that old joke? Jungle.

[00:13:36]Jungle is war. Time is war.

[00:13:40]There are places where you go to the notary and say: "I want to make a deed of transfer of possession, I have an area, I want to cede it to him." And the notary, depending on the state in Brazil, knowing the experience and practice of that locality, he does it through a declaratory deed. That is, I declare, notary, and the other one does this.

[00:14:05]There are places in Brazil where the notary requires proof of possession. Because I understand that that location is a bit more delicate for offering that.

[00:14:16]Let's try to bring this to a practical case. Imagine you're a notary, okay? Now imagine you're a notary. Notary. You're there in your notary office. Your notary office is on Paulista Avenue, in São Paulo. A beautiful, fantastic, wonderful avenue, right? On Sundays there's a fantastic culture there for strolling. Ah, you're there, the notary offices are there. There are even some stable offices there, but it's not one of those. Imagine you're there, okay?

[00:14:44]Then someone arrives and says: "I want to make a deed of transfer of possession."

[00:14:53]The guy arrives there, flip-flops, nothing against flip-flops, like that, right? Some slightly ripped shorts, a somewhat ugly, somewhat torn t-shirt. The guy doesn't seem to have great possessions, a more humble person, I want to make a transfer of possession and this guy is buying possession like this, where is it? No, I want to make the transfer of possession of this This building is on Avenida Paulista.

[00:15:21]I have possession of it.

[00:15:24]This building is worth millions of reais, right? It's in the name of Banco Safra.

[00:15:32]Who are you? No, I'm so-and-so, but I want to do the deed of possession for this building here.

[00:15:39]You, as a notary, do the deed of possession on the spot? No, let's do the deed here. So-and-so is here comparing, declared that he is the possessor of this 30-story building from the bank that has the Banco Safra sign and is transferring possession of the building to so-and-so. Do you do this deed? Do you do it or not? Do you do the deed or not?

[00:16:03]Put it in the chat so I know, okay? As sometimes we think, well, in this case maybe I wouldn't do it.

[00:16:15]Now, there's a difference, Adri, asking for proof of possession at the time, right? That's it. Now it's different from me being in the interior of Bahia, where I have a friend who is a notary. And in the interior of Bahia there are several areas of possession. The notary's office has 50, has 2,000 properties and in The city has 50,000 properties.

[00:16:42]It's normal for ownership to circulate. Someone arrives at the notary's office and says: "I want to make a deed of transfer of possession of a small rural area that I have there."

[00:16:53]My friend, who is a notary, said: "Oh, I do it because I understand it's a local custom." Okay? So, the deed of transfer of possession depends a lot on everything that happens around it. That's why we can't imagine that the notary public isn't involved with the community; he is. He knows the area, he knows everything. A notary is someone who looks beyond the documents, beyond the paperwork, beyond the title.

[00:17:22]The registrar is much more concerned with the title itself. He receives the title.

[00:17:28]The watering can guy is unlikely to question that rigid, tabular content. The big table, he looks through it, beyond. He looks at what the person is saying, he looks at what's there, he makes a decision, because he's putting something there that needs to be more certain. So, depending on the case, you won't get a deed of ownership as easily as in other places, but to answer the question, you can make a private deed, you can, okay? Maybe they want a profile, but I don't know what that is. Eh, Afrop. Does clothing constitute proof of possession?

[00:18:11]No, it doesn't configure. I just wanted to give an example to illustrate that we'll be on Avenida São Paulo, and at that moment, the person arriving might not seem like the owner of the building. That's all, okay? Don't worry.

[00:18:27]Oh, you left the video. What a shame, right? It's not there anymore. Okay. You hadn't spoken again. OK. Next, next, let's go to Ronaldo. Ronaldo, Ronaldo, Ronaldo, Ronaldo. This is a very democratic live stream, you know? When new people arrive and start being confrontational, I remove them from the live stream, there's no going back, okay?

[00:18:48]Why? Because, you know, this is a 5-year-old channel, and haters show up, people come with fake profiles and question things, right? I tend to access my profile in the early hours of the morning, especially around this time of year, towards the end of winter, you know? Ronaldo.

[00:19:05]Ronaldo, irregular property acquired during the period of the stable union.

[00:19:14]Just to finalize the previous point, do we need to register the deed of possession? No.

[00:19:19]A deed of ownership is not registered. The registration process only goes to the student's name in two cases.

[00:19:27]In the Reurb process, when you receive the land regularization certificate of legitimation of possession—what a long name, right? Okay, the land regularization certificate legitimizing possession will be registered in 5 years, and it will become official property, alright? In Reurb. There are several institutes in REURB, one of them is this one. There are several.

[00:19:58]Who decides? The municipality decides. In the second case, which involves taking possession for registration, in expropriation, when the judge orders the issuance of possession, the expropriated property, but there was no agreement on the amount of compensation, the judge orders the issuance of possession. This possession will go to the registration.

[00:20:18]other possessions can be very difficult to obtain during registration. We'll see some things, okay? But that's not the rule, okay? These are the two that have a primary function.

[00:20:33]Ronaldo Gonçalves dos Santos, good morning.

[00:20:36]Irregular property acquired during the couple's common-law marriage in 1954.

[00:20:42]Period. I ask: in 1954, did they have a stable union?

[00:20:49]First question. Did common-law marriage exist in 1954? I'll go again. Irregular property acquired during the couple's common-law marriage in 1954.

[00:21:03]Period.

[00:21:05]The cohabiting husband acknowledges a de facto union in 1976.

[00:21:18]According to law 6015, a de facto union in '76, right?

[00:21:26]And the marriage took place in 1984.

[00:21:32]So, it starts with the idea that they had a common-law marriage in '54, which I disagree with, okay? Because common-law marriage has constitutional force since the 1988 constitution, but people were already living together, right?

[00:21:52]But I can't say there was a stable union. A union existed at age 54. The husband acknowledges that they had a de facto union. De facto union is a better topic, right?

[00:22:06]They get married in '76 and '84. 84 they get married.

[00:22:12]He was over 60 years old at the time of the wedding. So, after 60 years of age, the separation of assets became mandatory.

[00:22:25]The wife passed away, I'll write it down in 1993.

[00:22:32]The wife passed away in 1993, okay? There was no inventory.

[00:22:40]They had eight children. That's love, right, folks? Let me tell you, huh? Eight children is a lot of love, huh? Imagine the dining table, you sitting there, with eight children, right? Yes, it's a unique experience for those who have lived it, right? I haven't lived through that experience, but it must be a very interesting experience to have eight little ones at the table, right? Imagine Snow White's house, like this, uh, the man passed away in 2018, now he's closer to here, right?

[00:23:12]With four children from his first marriage.

[00:23:16]Wow. So he had 12 children.

[00:23:21]Wow, 12 children, huh?

[00:23:25]12 children.

[00:23:28]The inventory process has begun.

[00:23:32]Previously, the property was registered with the city hall, in the land registry, right? Well, the property was only registered in the man's name, solely in his name.

[00:23:43]In other words, when they regularized the property before the probate process, there were two probate proceedings to complete, only in his name, they put "estate of so-and-so" there. All good.

[00:23:56]A guy who has 12 children is a hero, right? A hero, right?

[00:24:02]Well, since only his name was there, it wasn't possible to do a cumulative inventory; her name wasn't there, right? Theoretically.

[00:24:09]Question: "How to regularize the wife's name on the property registration?" It could be wedding planning.

[00:24:17]Hey, you understand that a woman isn't a ' irameieira' (a term used to describe someone who owns or works with the property) without participating in the inheritance, right? Let's go. So, let's take it one step at a time.

[00:24:24]First, in 1954, we didn't have the same view of common-law marriage that we have today, okay? In 1976, people were already talking about common- law unions. Everything's fine, right? Now, the common-law marriage started in '88. They got married in '84.

[00:24:41]All right. They married under the mandatory separation of assets agreement. Beauty?

[00:24:46]Regularize the registration, just open his name.

[00:24:49]How to include the deceased spouse's name on the vehicle registration document, suggesting marriage. With the suggestion of marriage. The wedding ceremony will be included in the registration. Ah, but you can include her if she's not a joint owner, if she 's not an heir. That's not an issue at this initial stage. The first step is to provide your wife's name for registration.

[00:25:13]Why the wife's name? Because marital status is a requirement for enrollment.

[00:25:17]So, first take the wedding reception from '84 and put it there. Oh, and the issue of the common-law marriage beforehand, that won't just appear on the registration form out of the blue either. Since it's a common-law marriage, we have difficulty recognizing it out of court, and both parties are deceased. Only through legal channels. Only through legal channels, okay? Only through legal channels. So, first of all, the registration is only in his name. He was married. It doesn't matter if there's an inheritance issue or not, whether there's a division of assets involved. Bring your marriage certificate to the registration.

[00:25:57]And the verb. The issues surrounding the mandatory separation of assets as a form of marital property division are another discussion altogether.

[00:26:05]Even so, there may be common constructions on the property.

[00:26:12]Even if the property belonged to one person, there could be a shared building that belonged to both of them, okay? So, what can we do out of court? Bring information to the registration that there was a wedding.

[00:26:25]Regarding the issues of dividing this property, of splitting it in half, you will have to determine that either through an extrajudicial inventory, since we don't go very far with the common-law marriage, or through a judicial inventory. I had a case of a woman who arrived at the registry office with her sister, and she was quite frightened because her husband had left home, already had another woman, and had started a new life, and according to them at the counter, hadn't even given her the time off. And then the sister who was a little more aware, who was a lawyer, was helping the other one. I spoke with her briefly, and she said, "My sister didn't know anything, she didn't know her bank account, she didn't know if there was money at home or not, she didn't even understand where the light switch was, nothing, nothing. She only lived to take care of the children, and he managed everything. And now he's gone, and I'm here trying to organize her life. So I came to the registry office to ask him if he had any properties.

[00:27:28]So I pulled up the property registrations, and there were three properties.

[00:27:31]His maiden name, 13 properties, three registrations with his maiden name.

[00:27:39]What was the first thing I asked? Was he married? Yes, she showed me the marriage certificate. Then I looked, and there it was, universal community of property. What did I tell her? Let's register the marriage on all three registrations.

[00:27:59]Why? The moment I register the marriage on all three registrations, the properties that belonged to him when he was single automatically transfer half of each property to her, without ITBI (property transfer tax), without anything, right then and there. While she was waiting at the counter, I already did the work."

[00:28:20]Registrations, small town, countryside, little traffic, off-season. I made the registrations, delivered the updated certificates, we've already solved the riddle there. Ah, but could he sell this property without her signature?

[00:28:38]So you know there's a very interesting controversy, right? Let's get to the controversy.

[00:28:43]Does the notary have to require an updated marriage certificate from the parties when they are going to sell the property? The notary is obliged to require an updated certificate.

[00:28:57]If you want to sell a property, you go to the notary's counter and say: "I want to sell the property." I made your documents. Here's my birth certificate, the yellowish one, the one your mother had, your mother gave you. This is your original birth certificate.

[00:29:15]I want to sell a property. Here's the registration, it's only in my name, old registration, I was still single. And here's my birth certificate.

[00:29:24]Can the notary require or does he have to require an updated birth certificate?

[00:29:33]What do you think? Put it in the chat. Put it in the chat. What do you think?

[00:29:39]If The person might say, "I don't want to spend money on an updated birth certificate." This is my birth certificate, I don't want to spend money on it. What do you do? Do you demand it?

[00:29:53]So, some codes of conduct understand that the notary cannot demand it, and some codes of conduct say that the notary can demand it.

[00:30:12]In a code of conduct that says the notary cannot demand it, the person can say, "I don't want to give you an updated copy of my birth certificate." This one here is mine.

[00:30:28]And the code of conduct will clearly state that a notary cannot demand this because it increases the cost for the party. Why is the cost increasing? The person has to go to the registry office, get a new certificate, and it will show that they are not single; there will be a record of marriage, and you will request the marriage certificate. So the person spent money on an extra certificate.

[00:30:50]For some courts, this is not good because it undermines the deed.

[00:30:57]Then you shouldn't demand it. Does this mean that some notaries public draw up deeds like that? Yes. Yes.

[00:31:06]So, if you're a buyer, you know the danger of this, right? Just look at the example I gave. The guy was there with his registration documents as single, an old registration, but he was married under a universal community of property regime.

[00:31:22]So, if he went to a notary's office and said, "I want to make a deed of sale for this gentleman here to dissipate the assets, because he's in a de facto separation," and the notary said, "I want your [document] to be updated."

[00:31:36]No, it's not necessary. The code of conduct says it's not necessary. I don't want. I'm not going to report you to the internal affairs department.

[00:31:47]So, how does the big table get out of this one, right?

[00:31:50]So, just so you know, does your state require it or not? Put it there so I can see it in the chat. Does your state require or not require an updated certificate?

[00:32:00]So, if you're asking me something else, let me ask you some more. Let's say you got married 4 months ago, and you go to the store to finalize the deed for the sale of a property. Is your deed valid, or is your 4-month-old certificate, or not? Aliadre placed it in Rio de Janeiro, no.

[00:32:17]Pará, yes. Minas Gerais, yes.

[00:32:20]Rio Grande do Sul. Didn't you see how it changes?

[00:32:26]Did you see how it changes?

[00:32:30]What's in the code of conduct, right, in some states? It simply doesn't exist.

[00:32:34]So, let's imagine that it requires it.

[00:32:38]What is the timeframe during which it would be valid, it wouldn't be the end of the year, it would have effects, right? It would sometimes have the desired effects, right? 30 days, 60 days, 90 days. The code has to say that, right? It's not even up-to-date. If they're up-to-date, you know that after 30 days it's already bad, right? Ah, but it's related to the property, right?

[00:32:58]I bought property in 2022. I still have updated information about it today. Is it worth it or not? OK.

[00:33:04]But if I'm going to sell it, shouldn't we ask for a current one?

[00:33:07]Come on, because the 3-year period isn't updated, it's the registration date.

[00:33:11]I need to check if anything got inside it.

[00:33:14]So, that's what notaries have in their offices. Now, if you've been hired to advise on a purchase and sale, you're the one watching this live stream. You are my student, have you already watched the risk analysis course? My risk analysis course. Who has already watched those 15 live classes on risk analysis in buying and selling furniture? Who here has ever taught this course, right? right? Several students teach in this course, right? It's a fantastic course that I've taken, isn't it? I'm not selling it because you can't see it; I'm just saying it's truly fantastic. But there are about 15 live classes, plus the recorded modules on risk analysis in buying and selling real estate, rural property, urban property, off-plan property, and estate in probate. Who has already watched it? Me, me.

[00:34:03]The guys know, the guys who are here know, right? It's a really cheap course, is n't it? When I sold it, I think I sold it for R$497 in 12 installments. I had 15 live classes, which were recorded and kept for a year. It was really good, top-notch, right? Auction property, right? Property held in possession. Each class is different, each class is an hour and a half long. So let's go. Are you a fool? No, you're advising someone, advising someone on the purchase and sale of a property. So you say, "Oh, we went to the notary's office to get a deed done, and the person presented an old birth certificate. The person is 30 years old, they've been living for 30 years, and I'm processing everything.

[00:34:50]Is there any problem with that? Do you think we should check if they 're still single or not?"

[00:35:01]Then I saw that there had been a mess. The notary said, "Bring me an updated one." And the guy said: "No, I'm not going to update you because your code of conduct is outdated.

[00:35:13]You can't demand it, the notary can't demand it. If the notary can't demand it, he's following the law. But you, who are buying a property, assisting in a purchase and sale, you should check if the person is still single or not, okay?

[00:35:33]Sometimes there's even legal incapacitation involved. There might be legal incapacitation in the middle of it, or there might not be yet. So observe, because things sometimes create problems in the system.

[00:35:45]Then someone will say: "That's because there's a flaw, right?" "The registry office isn't so secure that it has a flaw." So we go there and put it in the code of regulations.

[00:35:56]It's mandatory to require an updated marriage certificate from the seller. Then someone comes along and says: "It's just so the registry office can make money that people keep having a bunch of certificates."

[00:36:09]So we never manage to reach a middle ground. So it's a country of every man for himself, God for all. So, in some states, the notary can't demand it; it's up to the party to demand it, and the buyer knows this.

[00:36:33]Now let's go back to my case where I was at the counter. The woman arrived with her sister, the sister in shock, saying: "He left home and is already selling the property, he's already with someone else." And she's taken care of the children her whole life. She doesn't even know where the light switch is. That struck me. It struck me, didn't it? The light switch struck me, didn't it? It struck me, she doesn't know anything.

[00:36:58]And let's see. I got the property registrations. The guy was the single owner in three old registrations, he married her later in a Universal Property Division. Which I did, I registered in the Regarding the registration of the universal community of property.

[00:37:13]Now, if her sister hadn't helped her and he went to another city, to another notary's office, and said: "Look, I want to sell a property of mine," then he pulls up the updated property certificate, and he's single.

[00:37:30]Then he takes his birth certificate without the marriage annotation and presents it to the notary.

[00:37:37]Abelão already got a reprimand from the Corregedoria (judicial oversight body) because he had previously demanded updated civil status certificates. He got a reprimand from the judge- inspector, and he doesn't ask for them anymore. I left it to the snakes.

[00:37:51]The guy sells the property.

[00:37:55]He sells the property.

[00:37:58]What happens to the wife?

[00:38:01]Then you'll say: "Ah, let's annul the deed."

[00:38:06]And then, what happens to the third party in good faith who bought it?

[00:38:13]Imagining that in this short period the guy bought it and already passed it on, we already have two buyers in this chain.

[00:38:25]What happens now?

[00:38:26]So, when I talk about due diligence, about risk analysis, when we teach this here, right, and this year was a year I learned a lot from this, because we had a risk analysis course with over 15 live classes, and it's all recorded for the students.

[00:38:43]If you observe, it's very easy to get worried when buying and selling a property, right?

[00:38:55]Yesterday a box came to me saying, "I'm buying an inherited property. Am I running any risks?" The question is very open-ended, isn't it?

[00:39:04]I'm buying an inherited property, there's no probate, am I running any risks? I do n't even know where to begin listing the risks, right?

[00:39:17]So, in a country like ours, where we have a lot of security in many things, we have to observe the codes of conduct to understand what happens in relation to current or outdated certificates. Whenever you are going to buy a property, try to find out its status in the land registry and if the seller is married, divorced, what their marital status is.

[00:39:41]There are two background checks that I always have to obtain, one for the property and one for the person. Why? Because it's important to know who you're buying from. You have to check their background check. Oh, but the land registry isn't enough. It is. But if... The property registration isn't updated, as was the case with this lady, whose property was an old plot of land, registered in his name, and he was single.

[00:40:10]But it's not automatic that when someone gets married, it's automatically updated in the property registration.

[00:40:15]No.

[00:40:17]We have cases where the guy got married, brought the marriage to my registry office to have it registered.

[00:40:26]He had six registrations.

[00:40:30]And now, do you register it in all six or just one?

[00:40:34]What would you do as a registrar?

[00:40:41]Is it important information for society or not?

[00:40:49]If I register it in all six, they attack me saying I'm charging extra. If I register it in one, your system is flawed because it only registered in one.

[00:41:01]You see how it's not easy, right? Then people put it in all six, in all six, you see? That would be the best, right? But I also think it has to be in all six. Why?

[00:41:10]Because otherwise, ah, but that's the problem for the parties involved. So, the system is flawed, the protection system is flawed.

[00:41:18]Why? There are more people interested in knowing whether she is married or not.

[00:41:22]So, I left it... Here are some reflections for you.

[00:41:25]I still had two more names, right? Two names. I only picked two cases here, right?

[00:41:31]An hour passed on this. Let me see. There are more, but there's one more name here, which is Lauri. Lauri, I'm opening up reflections in your mind, not to ruin your day, you know, right? It's because I think you have to think about notarial and registry matters. See? That's it. So, there are things the registrar can do ex officio and things they can't, okay? According to Luana, the architect can't add measurements. Of course, architects are going crazy, right?

[00:42:00]But some things, then, in article 213, paragraph 1, it says you can rectify the registration or entry ex officio or there is a request, it's there ex officio or there is a request.

[00:42:24]So what can I do ex officio?

[00:42:27]The second question, when the person is single in the registration, is the marriage annotation a rectification or an inclusion of data? Does it change the... Value, huh?

[00:42:37]Change the value.

[00:42:39]Change the value.

[00:42:43]Adding missing square footage is either an inclusion or a correction, it changes the value. So, when I correct something, it's different from including something.

[00:42:54]Correction assumes an error.

[00:42:58]Inclusion assumes that something mandatory was missing or that it became mandatory.

[00:43:08]Now, in some cases, we will have a lot of difficulty interpreting when it 's one or the other. For example, the registration was opened, missing something that was mandatory, it shouldn't have been opened. It had an error, so I'm going to correct it.

[00:43:24]See? There are things