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The DGRN Resolutions of July 7, 2011 and August 2, 2011 admitted such partial notarial translation with the assertion that what is omitted does not modify or condition what is inserted; so that the requirement of total transcription would only be justified if in the qualification it had been alleged by the registrar that he knows the foreign law and that such total transcription is necessary to verify certain requirements demanded by the applicable foreign law.
However, the DGRN Resolution of January 11, 2017 has stated that such a partial notarial translation for registration purposes is not possible, in contrast to the previous nuanced doctrine of the Center itself.
An acid commentary can be seen in the entry Por amor al arte. Criticism of the Resolution of the DGRN of January 11, 2017, by Ricardo CABANAS and Leticia BALLESTER. These authors point out the incongruence of the fact that the notary not only can, but that the same Directorate General promotes it, certify on the content, validity and jurisprudential interpretation of foreign law; and on the other hand, this value judgment, by a professional and qualified official, would no longer be valid when, using his knowledge of the foreign language and for the sake of greater efficiency in international proceedings, he translates what is essential and relevant to its processing.
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The translation of certificates requires not only a command of the foreign language, but also special accuracy and, if necessary, knowledge of the requirements of the target country. These vary depending on the purpose for which the certificate is needed and the applicable laws. In the case of certificates, a translation is usually not sufficient, since for submission to and recognition by the authorities, a notarial certification is required.
The cases in which a certificate needs to be translated are varied. Immigration or emigration may require a sworn translation. Other common reasons are marriage, divorce, international adoption or patent applications. Which certificates in particular need to be translated? This depends on the occasion: do you want to get married abroad or does your partner have a foreign nationality? Then it is common to have to submit birth certificates, an extract from the civil registry, a certificate of unmarried status or an extract from the family register in the national language.
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Sworn translation is often performed in court, when concluding transactions with a notary, as well as in the marriage registration process. Sworn translators undergo a mandatory state examination, receive accreditation from land courts, ministries or other authorized organizations and can officially translate court hearings, with notaries or the marriage registration process.
The situation is roughly the same with marriage registration authorities. If one of the partners does not speak the state language of the country, the official will require the presence of a sworn translator during the marriage registration. In principle, this is not so bad, as recently most marriages are concluded with a prenuptial agreement, and its accurate translation is important for the newlyweds.
The situation is a bit different with notary offices. The work of the notary’s office is done in the national language. In this regard, if a person who does not speak the national language of the country requests notarial services, the notary asks the translator to translate the content of the document so that the client understands what text he/she is signing. In many countries, notaries are authorized to decide on the need for a sworn translator on their own. If the notary insists on the presence of a sworn translator, he or she must engage the services of the sworn translator.
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However, since this intervention of the Public Prosecutor’s Office has always been part of the Administration of Justice, it offers organizational difficulties of competence for the notarial sphere that should be clarified.
Therefore, in accordance with the powers conferred on this Directorate General by Article 26, 1st and 2nd of Law 20/2011, it is appropriate to issue this Instruction to establish the interpretation and implementation of the rules on the procedure for the notarization of marriages.
a) Marriage licensing procedure: The Notary Public of the place of domicile of either of the contracting parties shall be competent to process the marriage licensing procedure, which by virtue of the provisions of Circular 1/2021 of April 24 of the General Council of Notaries.
b) Celebration of the marriage: Once the authorization has been obtained, the celebration may take place before the same Notary Public, or if the contracting parties have requested it, before another Notary Public, Clerk, Justice of the Peace, Mayor or Councilman to whom he/she delegates. In any case, the details of the person in charge chosen to celebrate the subsequent marriage must be recorded in the act.