A party to a juristic act may appear in a public deed and make an offer to be accepted by another party in a different document that may be executed before another notary on another date and place.
In this case the main deed that sets forth the offer shall also include the personal circumstances of the party who will later appear in the deed of assent, as they are informed by the party thereto, as well as the complete text of the juristic act, without leaving any detail to be added by the deed of assent. It shall also fix the term within which the deed of assent will be executed, its requirements and the causes for the revocation or lapse of the offer’s, if any.
In the deed of assent, besides complying with the requirements for public documents imposed by this chapter, there shall be a precise and exact statement of the offer, or there shall be attached a certified copy of the deed of offer to which the deed of assent makes reference, and a statement by the person appearing to the effect that he knows, understands and accepts the offer made in said document.
In the event that the notary who executes or officially records the deed of assent is not the notary who executed the original deed, he will send a certified copy of the deed to the latter, under his notarial certification, personally, or by certified mail with acknowledgement of receipt, and he shall also notify the offerer of the acceptance, by certified mail with acknowledgement of receipt. The notary shall record, through a marginal note or at the end of the original deed, the existence of the deed of assent, identifying it by number, date and name of the executing notary. Once this requirement is complied with, it shall be understood that the offerer has knowledge of the acceptance of his offer.
If the offer is accepted outside Puerto Rico, the notary who executes the deed that sets forth the offer shall comply with what is mandated herein upon receipt of the acceptance in an authentic and duly executed document, and shall also comply with the official recording requirement of § 2056 of this title.
The assent may also be executed by inclusion in the same deed that sets forth the offer, and any other information that facilitates the identification and location of the executing notary.
History —July 2, 1987, No. 75, p. 242, § 33, eff. 60 days after July 2, 1987.