El pago de lo no debido o en exceso de los adultos mayores en tasas notariales.

Abstract

Older adults as a priority care group have constitutional benefits such as exempt notary fees for administrative services, the application of the Regulations to the Comprehensive System and Notary Fees may cause non-compliance with the special protection of this priority group, with an effect of a possible missed or overpayment. For the purpose, it is proposed: Identify the payment of what is not due or in excess of the elderly in notary fees; and specific: Legally and doctrinally base the different exemptions in notary fees for the elderly, propose an analysis that shows the existence of legal gaps and thus seek a solution to the collection of what is not due. To build the theoretical framework, the theoretical methods are used: Historical-Logical, LegalDoctrinal systematization and Analysis-Synthesis, the empirical methods used to characterize the problematic situation in the field of legal study are: documentary analysis and interview. It is concluded that the notarial function presents contradictions and legal gaps when determining 13 notarial acts with exemptions, while the Constitution and other doctrinal references establish a gratuity for all acts, the bilateral contract is the act where the rights of the elderly are most violated. The Notarial Information System identifies the person as an older adult, although it does not allow the application of exemptions in payments for notarial acts. To improve the inconsistencies in the application of the exemptions, an update to the Comprehensive System Regulations and Notary Fees and to the Notarial Information System is recommended.