BUSINESS & ECONOMICS

Monday, February 15, 1999 Online Edition 145

A brief legal glossary, or "What do I mean when I say dominio pleno"

By MELANIE WETZEL

A person who cannot understand the terminology used in administrative and legal procedures will probably have trouble getting the proper. Often even native Hondurans and Spanish-speakers can be confused by legal terminology, let alone those who have no knowledge of Spanish. This week we will take a look at some of the more confusing terms that confront people doing business in Honduras.

Persona natural is a person. A persona juridica is a corporation or other entity that is not a human being, but is recognized as having certain rights and obligations. When a corporation is formed it must get recognition from the state of its personeria juridica. A sociedad is a corporation.

Escritura publica is simply a public document, one that has been authorized by a notario. A notario is a legal professional who has been authorized by the Supreme Court to give faith to a document. An escritura publica is a contract created by a notario, as opposed to a private document or contract created by the parties involved. In court proceedings, an escritura publica will be stronger proof than a private document.

Additionally, all contracts involving property or buildings - referred to as inmuebles - by law must be done in escritura publica. Land sales therefore have to have an escritura publica. But it is important to keep in mind that the term escritura publica is a very general term; it simply means an official contract. Many people buy and sell land based on an escritura publica but the content of this contract is what really matters, not just the words escritura publica printed across the top.

Dominio pleno is combined ownership and possession of property. These two elements of the dominio pleno can be found separately also. Dominio util is the right to use or possess property, like a lease, and nuda propiedad is what the owner has - he owns the property but because someone else is leasing it, the owner does not have the right to possess or use it.

In legal terminology poder is power of attorney. In the filing of a lawsuit one must give power of attorney to a legal professional. A carta de poder is a power of attorney to be used outside of the courtroom in any situation in which one chooses to allow a legal representative to act for him or her.

Domicilio is one's legal place of residence or address. Estado civil is marital status. That should be enough definitions to get you through most of your basic legal and administrative processes.

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