Affidavit models and its uses

Sometimes telling the truth is not enough, so sometimes it is necessary to swear in writing. The affidavit model is a legal document where you can swear that your statements about facts are true.

Use the affidavit model if

  • You’ve been asked to make a statement under oath, as part of a contract or a legal process.
  • You want to ask someone else to make a statement or affirmation in fact under oath.

As an example of its use: “A dog breeder who makes a sale of movable property, can sign a statement that the puppies are a certain pedigree.”

Fundamentals and characteristics of the affidavit model

Legal promises should not always be made in courtrooms. An affidavit model can be signed anywhere if there is a public notary. So you may be asked to sign one as part of a contract. This does not take long and your lawyer can advise you to write it correctly.
 

With our forms we will make it quick and easy to expose the facts, and that are signed and dated.

Types of affidavits

Affidavits can be used for many different reasons, but they all share a common feature: the manifestation of the person making the statement, under oath, that it is true what he claims. 

Let’s see what types of statements are allowed by our legislation:

Differences between: Simple affidavit and notarial-judicial affidavit

First, we will classify the types of affidavits according to it’s formality and liability:

  • General or simple affidavit: It is a personal and voluntary manifestation whose purpose is to allege that certain facts are true, and can be used in many different types of personal or business circumstances. It is less formal than the notarized or judicial affidavit.
  • Notarized and judicial affidavit: In this personal manifestation, verbal or written, it ensures the veracity of certain acts under oath, presuming as true what is sworn. Any false statement made to certain authorities may have consequences at the criminal or administrative level. It must be signed in front of a person in charge of receiving the oaths (as a lawyer, notary…), who must also sign it.

Now that we know that formality and responsibility derives from a declaration, we will see the common types according to their purpose. There are many other possibilities for a model of affidavit, all of which are characterised by the statement of veracity of the facts, thereby generating the consequent responsibility in the declarant to be true.

Models of affidavit

  • Affidavit of Income: may be used to demonstrate to a public body a level of income less than or equal to a certain figure for which it is interested to leave evidence. It is used to expedite a subsequent procedure with the organ in question. 
  • Affidavit of opposition: by which it manifests opposition to a formality or qualification to the entity that manages it.
  • Responsible statement: Meets all the requirements of a call, license or contest, to proceed to the start and operation of the business, while the administration grants the license. Widely used in order to accelerate an administrative process. Together with the declaration, the technical documents justifying their statements must be provided.
  • Affidavit of marital status: a person who wishes to marry, for example. The person promises that it is not currently linked to another marriage that prevents it from getting it and that it is eligible for its celebration.
  • Affidavit of Patrimony: With this statement the person commits himself with an administration to the veracity of a series of economic data expressly expressed and in writing (income, properties, bank accounts…). It is usually used with the intention of taking a position, justifying its patrimony…
  • Declaration of the State of property: In the sale, it is possible to enclose declarations in which the seller swears to own the good without limitations in its transmission, that the thing meets the agreed characteristics, and that its state is the agreed one.  It is used as a guarantee of purchase.
  • Affidavit of acquisition of housing: in this acquisition the person concerned claims that he is not the homeowner of a house. Together with this statement, the certificates issued by the property registry are enclosed.

If you need to make a statement and do not know how, do not hesitate to consult our experts.

17 January, 2018 11:33 am

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