Plain-language definitions of the key terms you'll encounter in Argentine real estate and notarial processes. Not legal definitions — accessible explanations.
These definitions are for educational purposes only. They are not legal definitions and should not be relied upon as legal advice. For specific legal questions, consult a qualified Argentine notary or attorney.
A binding preliminary agreement to buy and sell a property. It establishes the essential terms of the transaction — price, parties, property description, payment schedule — but does not transfer legal title. The buyer does not become the registered owner by signing a boleto. Title only transfers through the subsequent escritura pública, once registered. In collective investment schemes, investors may hold boletos for extended periods while the escritura process is underway.
A real estate trust structure under Argentine law. A fiduciante transfers assets (typically land or a development project) to a fiduciario (trustee), who administers them for the benefit of beneficiarios, with the assets reverting to a fideicomisario at the end of the trust term. The key feature is patrimony separation: the trust's assets are legally distinct from the fiduciario's own assets, which theoretically protects investors if the developer or trustee faces financial difficulties.
The public deed executed before a notary (escribano público) that formally transfers legal title to real property. It is the instrument that, once registered at the Registro de la Propiedad Inmueble, completes the transfer of ownership. The escritura is the culmination of the entire notarial process — all the certificates, verifications, and clearances obtained beforehand are prerequisites for its execution.
A certificate issued by the Registro de la Propiedad Inmueble that shows the current registered owner of a specific property, the complete chain of title, and any encumbrances (gravámenes) registered against it — including mortgages (hipotecas), easements (servidumbres), and court-ordered attachments (embargos). The notary must obtain this certificate before executing the escritura, and it has a limited validity period.
A certificate issued by the Registro de la Propiedad Inmueble that shows whether a person has any court orders (inhibiciones generales de bienes) preventing them from disposing of their assets, including real property. If a seller has an inhibición, they cannot legally transfer property until it is lifted. The notary must verify this certificate for all parties who are transferring property rights.
In Argentina, the escribano público is a licensed professional who is both a public officer and a private practitioner. They have the authority to authenticate documents, certify facts, and execute public deeds (escrituras). Unlike notaries in some other jurisdictions, Argentine escribanos have significant verification obligations — they are not passive witnesses but active participants in the due diligence process. They are also personally responsible for the correctness of the documents they execute.
The unbroken sequence of registered ownership transfers for a property, from the original grant to the current owner. The notary must verify that this chain is complete and uninterrupted before executing an escritura. Gaps or irregularities in the title chain can prevent the transaction from proceeding and may require legal action to resolve.
The provincial government registry where property ownership and encumbrances are officially recorded. In Argentina, property registration is provincial — each province has its own Registro. The Registro issues the certificados de dominio and inhibición, and is where the escritura must be registered after execution for the title transfer to be legally complete.
Any right or obligation registered against a property that limits the owner's ability to use or transfer it freely. Common gravámenes include hipotecas (mortgages), embargos (court-ordered attachments), and servidumbres (easements). The certificado de dominio lists all registered gravámenes. Before an escritura can be executed, outstanding gravámenes must generally be cleared or accounted for in the transaction.
The party in a fideicomiso who receives and administers the trust's assets. The fiduciario has a fiduciary duty to manage the assets according to the terms of the fideicomiso contract and for the benefit of the beneficiarios. Critically, the fiduciario does not own the trust assets personally — they hold them in a separate, legally protected patrimony. Banks and financial institutions often act as fiduciarios in real estate fideicomisos.
A certificate from Argentina's federal tax authority (AFIP — Administración Federal de Ingresos Públicos) confirming that the seller is in good standing with their national tax obligations. This certificate is required before the notary can execute an escritura for transactions above certain value thresholds. AFIP certificates have their own processing times and validity windows, and are one of the common sources of delay in the escritura process.
A structure in which multiple investors pool capital to fund a real estate project. This can take various forms under Argentine law, including fideicomisos inmobiliarios, sociedades, and informal arrangements. The notarial process in collective schemes is more complex than in individual transactions, as it must account for multiple investors' rights, the relationship between individual boletos and the overall project structure, and the eventual distribution of the developed property or proceeds.
Definitions are a starting point. Understanding how these concepts interact — how a boleto relates to a fideicomiso, how a certificado de inhibición affects the escritura timeline — is what the training modules cover in depth.