February 28, 2024

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What is the affidavit model: Tips and implications

What is the affidavit model: Tips and implications

What is the affidavit model: Tips and implications

What is the affidavit model: Tips and implications

An affidavit includes the statement of a person about a fact related to their own personal situation or relative to a third party, whose veracity is ensured, depending on the case, by the intervention of a judicial or administrative authority. Said declaration, provided that it is presented before the aforementioned authorities, will obtain a presumption of veracity and will constitute a means of proof for certain procedures in the absence of evidence to the contrary.

The content of an affidavit must be first-hand information. That is to say: the declarant must have direct knowledge of the fact regarding which he pronounces himself, avoiding data from outside sources or speculation. This requirement is fundamental since by signing an affidavit the person is committed to what is stated in it, thus generating a legal responsibility whose consequences will vary depending on the specific type of declaration.

In essence, an affidavit is nothing more than an instrument that allows us to simplify the course of a multitude of processes that, by their nature, would require witnesses or documentation that are difficult to gather at a specific time. How To Write An Affidavit? Why Is It Needed?

What elements should an affidavit include?

Although there are numerous affidavit models, to be fully valid they must contain, in any case, the following points:

  • Personal data of the declarant
  • A clear and concise statement of facts
  • Signature and date on all pages of the declaration

Under current legislation, the declarant may use either the oath or promise formula, depending on his preference. There are no differences in terms of procedural efficiency between them.

What types of affidavits are there?

Before explaining the types of affidavits that currently exist in Spain, it is important to understand that a person can declare both in writing and orally, enjoying both forms of full recognition for the purposes of legal validity.

Plain affidavit

It receives this name because it is the easiest modality to carry out, since it does not require the intervention of a notary public who attests to the facts stated therein. A simple affidavit can be drawn up through an autograph document or using a standardized computerized document model, whose templates are easy to find on the Public Administration web pages and also on specialized legal aid sites. The simple affidavit is mainly used to prove a personal circumstance, frequently related to the signing of contracts.

Notarial affidavit

If, in addition to meeting all the requirements of the previous case, the document is certified by a notary who is in charge of receiving the oath or promise, we will speak of a notarial affidavit. Once its veracity is confirmed, the declaration may be presented before the corresponding judicial body to demand that it display the appropriate legal effects, especially its probative force in those procedures in which it is necessary to attest to a specific situation.

What consequences are derived from the different types of affidavits?

We have previously pointed out that an affidavit, depending on its type, generates different levels of legal responsibility. Next, we will deepen this idea.

When it is shown that the facts reflected in a simple affidavit do not correspond to reality, the probative validity of the document ceases immediately. This circumstance supposes the total loss of rights and benefits that said the declaration would have enabled in favor of the declarant.

A clear example to understand this point is found in the simple affidavits that are required as a requirement to receive financial aid. At the moment in which the falsity of the same is discovered, the declarant is obliged to repay the full amount of the aid, and depending on the case, the competent authority can also claim default interest.

However, when we talk about notarial affidavits the scenario changes completely. By counting these documents with a presumption of veracity, the declarant who is lying can incur a crime of documentary falsification , typified in the Penal Code (articles 390 to 399). This means that he could face prison terms of up to two years.

What is an affidavit used for?

In Spain, an affidavit has multiple uses today. Below we will briefly refer to some of the most common.

Domestic partnership registration

By means of this affidavit, two adults state that they are in a position to request recognition of their relationship as a de facto union, certifying that they have previously lived at the same address. For this declaration, in addition to that of the interested parties, the signature of two witnesses may be required.

Responsible declaration

It is used to inform that the declarant complies with all the requirements demanded in the bases of a contest, a call, or to obtain a license.

economic income

When circumstances prevent documentary corroboration of a certain level of income, either for the application for a study grant or for the granting of social aid, said proof can be replaced by an affidavit.

Faith in life and state

Thanks to this document, the person certifies that they are alive and if they are single, married, divorced, or widowed. While life is proven by the mere appearance in the Civil Registry or by a notarial deed, civil status can be confirmed by a sworn statement or notarial deed, in accordance with the provisions of the Ministry of Justice.

Heritage

It is common to present this type of affidavit when accepting public office. Its purpose is to justify the different assets that make up the declarant’s assets in an exercise of transparency.

economic solvency

It is another of the most common types of affidavits in Spain. This document serves to certify that the declarant is in a position to request a loan, being free of debts or other types of financial charges that would prevent him from meeting the obligation that he intends to contract.

Commitment to bear arms

Future officials who will form part of the State Security Forces and Corps use this sworn statement to commit both to carry their corresponding regulatory weapons and to use them only in the cases provided for by law.