The notary clauses complementary to the dispositive principle: the guarentigia in notarial documents of the XVIth century, the case of Málaga

Abstract

An analysis will be offered on the use of the guarentigia clause in the notarial public instruments of Malaga in the first half of the XVIth century; delimiting for this, among a corpus, a selection of 17 documents of varied typology, belonging to various public desktop pads of the city, whose transcription, fragmented, is offered in the documentary appendix. It will be carried out a previous historiographic analysis on the birth and consolidation of the guarentigia clause in the public documents of the Iberian Peninsula, as well as the echo found by the use of the same one in the doctrinal texts of full Modern age, until its later disappearance. All this will lead us to determine the level of instruction and preparation enjoyed by the public scribes at Málaga and to what degree, within their praxis, they respected the fidelity to the formulas, in pursuit of a growing immediacy in the scriptural embodiment of civil transactions, a character marking the first steps in the consolidation of modernity.