NOTARIAL LEGALITY CONTROL OF THE URBAN PROPERTY LEASE AGREEMENT AND STANDARD OF ADMISSIBILITY OF THE SMALL CLAIM PROCEDURE

Abstract

This article analyzes the notarial review of urban property lease agreements and its relationship to the admissibility standard for summary proceedings for rent collection under Law No. 18,101. It examines the scope of the notarial obligation contained in Article 20 of said law—which requires the lessor to provide the necessary documentation for granting the use of the property—as part of the legislative trend toward strengthening the Latin notarial system underlying our legal framework. The article concludes that a lease agreement authorized before a notary constitutes sufficient grounds for accepting a summary proceeding, and that in the absence of such an instrument, the admissibility standard is intensified, requiring the court to verify the lessor's substantive standing to grant the use of the property, under a systematic and coherent approach consistent with the notarial review established in Article 20.