Contract Law

Contract law in Chile is complex, and at times often times antiquated in Chile compared to many other countries. Private contracts, or contracts not recorded as a public deed, are many times the weakest form of contract in court. Many contracts, must be recorded as a public dead, through a notary public or other minister of faith to be recognized at all. For example, all real estate contracts must be handled through a Chilean notary public and / or public regional registry for the contract to be valid in any form. Powers of attorney, wills, and many other instruments must follow strict formalities in Chile.

Notary Publics

Notaries importantly keep a public record of various transactions such as contracts for transfers or purchases of property, business contracts, and just about any other type of document that you might need to sign. Essentially, if you want to enforce a contract at some point in court, it is best to have it notarized or converted into a public deed at a Notary. There are many contracts that Chilean law requires to be registered in the form of a public deed, such as in the case of contracts related to property purchases in Chile.

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Powers of Attorney in Chile

A power of attorney can be executed for just about anything in Chile. Powers of attorney should be limited in scope to particular tasks or goals, and they MUST be drafted by a qualified attorney. A poorly drafted power of attorney, after getting all the proper authorizations outside the country, can ultimately be rejected or accepted by each notary, government office, or private party in Chile, if not drafted correctly. The amount of effort and expense you need to validate a power of attorney inside of Chile, from outside Chile, makes it essential that the Power of Attorney be well drafted from the start.

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Chile Document Legalization

Chile is not currently a party to the Hague convention on document signature recognition. This means foreign documents must go through a specific process of signature authentication, to be legally recognized in Chile. This may differ from country to country, and document to document. It also can depend on the use of the document in Chile.

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