Difference Between Amendment Deed and Re-Ratification

An amendment deed adds or modifies contractual conditions, whereas a re-ratification deed corrects material errors and confirms the remaining terms of the notarial act.

Última atualização:

Por Editorial Team of the 5th Notary Public Office of Recife — Notarial legal drafting · 5º Tabelionato de Notas de Recife

Context note: This content describes Brazilian notary law.

Difference Between Amendment Deed and Re-Ratification Deed

This article answers

  • What is the difference between an amendment deed and a re-ratification deed?
  • When is it possible to make an amendment without the presence of all parties?
  • What is the formal difference between re-ratifying and amending a public deed?
  • What documents are required to amend or re-ratify a deed?
  • What happens if the original deed contains a substantial error without re-ratification?

In summary

  • The difference between an amendment deed and a re-ratification deed lies in the intent of the act: amending means adding or modifying terms of the transaction; re-ratifying means correcting mistakes while maintaining the original agreement.
  • An amendment deed includes new contractual elements or alters previously stipulated deadlines and values set by the parties.
  • A re-ratification deed combines the rectification of a material error with the ratification of the remaining terms of the executed public deed.
  • Both notarial acts ensure the legal certainty of titles intended for real estate registration or the fulfillment of obligations.

What is the difference between an amendment deed and a re-ratification deed?

The difference between an amendment deed and a re-ratification deed is centered on the practical objective of the new declaration of intent before the tabelionato de notas (notary public office). An executed public deed provides full proof of the declarations made by the parties (Lei nº 10.406/2002 — Código Civil [Brazilian Civil Code], art. 215) Lei nº 10.406/2002 — Código Civil, art. 215. When the original text requires subsequent modifications, you must choose the appropriate modality to ensure the effectiveness of the act (Lei nº 8.935/1994 [Notaries and Registrars Law], art. 1º) Lei nº 8.935/1994, art. 1º.

In an amendment, the parties decide to insert new rights, obligations, or clauses that did not exist in the previous document. You amend a deed when you alter the payment method, include a new delivery deadline, or create a resolutory condition. This involves a deliberate supplementation or modification of a validly constituted legal transaction (Lei nº 10.406/2002, art. 104) Lei nº 10.406/2002 — Código Civil, art. 104.

On the other hand, re-ratification serves to remedy imperfections in the original text. The word combines two legal concepts: rectifying (correcting the error) and ratifying (confirming what is correct). You use re-ratification to adjust a buyer's marital status, correct the spelling of a name, or adjust an incorrectly referenced property registration number.

| Feature | Amendment Deed | Re-Ratification Deed |

| :--- | :--- | :--- |

| Main Objective | Add or alter conditions and clauses. | Correct material errors and confirm the text. |

| Parties' Will | Modifies the original agreement with new terms. | Reaffirms the original agreement by correcting flaws. |

| Example Application | Altering the payment method of a purchase. | Correcting the ID number of a grantor. |

| Effect on Registration | Modifies recorded rights or deadlines. | Adapts the title to factual and registry reality. |

Understanding this distinction avoids administrative requirements by the oficial de registro de imóveis (real estate registrar) and expedites the notary procedure at the tabelionato de notas. If the legal transaction involves the transfer of real estate, consult the procedure for a real estate purchase and sale public deed to understand the basic structure of a translativo title (Lei nº 10.406/2002, art. 108) Lei nº 10.406/2002 — Código Civil, art. 108.

When is it possible to make an amendment without the presence of all parties?

As a general rule, a notarial amendment or re-ratification requires the presence and consent of all persons who signed the original deed. Because a public deed manifests an agreement of wills, any change to the content of the transaction depends on the participation of the same grantors and grantees (Lei nº 8.935/1994, art. 6º) Lei nº 8.935/1994, art. 6º.

The exception to this rule occurs in cases of re-ratification due to an obvious material error attributable to the notary service itself. According to guidelines established by the Corregedorias Gerais de Justiça (Internal Affairs Offices of Justice) and aligned with the Conselho Nacional de Justiça (National Council of Justice), the notary public may execute an ex officio re-ratification or upon request by only one of the parties when the error can be proven by a pre-existing public document (Provimento CNJ nº 149/2023 [CNJ Provision No. 149/2023], Livro II) Provimento CNJ nº 149/2023, Livro II.

For example, if the property certificate was in the records with the exact description, but the notary office typed an incorrect number when transcribing the registration, the notary can make the rectification. However, when the modification involves the substance of the legal transaction, such as the area of the property or the sale price, the presence of all parties remains mandatory under penalty of nullity of the act (Lei nº 10.406/2002, art. 166) Lei nº 10.406/2002 — Código Civil, art. 166.

What is the formal difference between re-ratifying and amending a public deed?

The formal difference between re-ratifying and amending a public deed appears in the structure of the text recorded in the Notary Book (Livro de Notas). In an amendment, the notary public drafts new contractual clauses that become part of the original transaction, modifying its future effects without invalidating the past.

In a re-ratification, the notary text clearly specifies the exact passage containing the error and presents the correct new wording. Then, the ratification clause expressly declares that all other conditions of the original deed remain valid and unchanged.

Both acts are linked to the main deed by a cross-reference annotation in the margins of the notary book and in the issued certificate. To understand how these acts reflect on the real estate certificate, see the rules on registration margin notes at the competent real estate registry office (Lei nº 10.406/2002, art. 1º.245) Lei nº 10.406/2002 — Código Civil, art. 1º.245.

What documents are required to amend or re-ratify a deed?

To execute an amendment deed or a re-ratification deed at a tabelionato de notas, you must present complete documentation proving the need for the modification and the qualification of the parties involved.

The notary analyzes whether the intended modification affects applicable taxes or requires new tax clearance certificates. All presented documentation must be up to date at the time the new act is executed.

  • Download or request the original deed transcript or the certificate of the act to be modified.
  • Present official photo identification documents and CPF (individual taxpayer registry number) for all granting and receiving parties.
  • Provide updated marital status certificates to verify the correct qualification of the parties.
  • Attach supporting documentation justifying the re-ratification or amendment, such as a property registration certificate or proof of payment.
  • Present the property transfer tax payment guide or exemption certificates, if the amendment alters the transaction value.

What happens if the original deed contains a substantial error without re-ratification?

If the public deed contains a substantial error and you do not perform the necessary re-ratification, the instrument will not achieve its intended legal effectiveness against third parties. The real estate registrar, when performing the registry qualification assessment, will issue a requirements notice (nota de exigência) suspending the property registration.

Errors in identifying the transferors, discrepancies in the registration number, or contradictions in the payment terms prevent the transfer of ownership (Lei nº 10.406/2002, art. 1º.245) Lei nº 10.406/2002 — Código Civil, art. 1º.245. The lack of re-ratification maintains legal uncertainty over the property and may lead to litigation between contracting parties.

If the defect is severe and affects the substance of the declaration of intent, the legal transaction may fall under the grounds for nullity (Lei nº 10.406/2002, art. 166) Lei nº 10.406/2002 — Código Civil, art. 166. Therefore, correcting the deed at the notary office before submitting it to the real estate registry safeguards the rights of buyers and sellers.

Document checklist

  • [ ] Transcript or certificate of the original public deed to be modified.
  • [ ] Official identity document (RG, CNH driver's license, or professional ID card) and CPF of the parties.
  • [ ] Updated marriage or birth certificate of the contracting parties.
  • [ ] Updated property registration certificate (certidão de matrícula) issued by the competent real estate registry.
  • [ ] Supporting documents for the requested modification (statements, receipts, or appraisal reports).
  • [ ] Tax collection guide if there is a change in transaction values.

In practice

Case 1: Correction of marital status in property purchase

A buyer declared to be single when signing the purchase and sale deed for an apartment. When submitting the title to the real estate registry, the updated certificate revealed that he was married under the partial community of property regime. The parties returned to the tabelionato de notas and executed a re-ratification deed. The act corrected the buyer's marital status, included the wife's consent, and ratified the remaining sale clauses, allowing property registration.

Case 2: Alteration in remaining balance payment terms

Seller and buyer agreed to change the payment terms for a rural property, splitting the remaining balance into five installments instead of two. Because the change altered the financial obligations agreed upon in the original deed, the parties appeared at the tabelionato de notas to sign an amendment deed. The new document adjusted the due dates and was recorded on the property registration to ensure transparency of the agreed debt.

Common mistakes

  • Confusing amendment with re-ratification: Requesting an amendment when the sole purpose is to correct a spelling error, creating unnecessary notary costs.
  • Failing to obtain signatures from all involved parties: Presenting the act to the notary office without the consent of all original parties in cases where the law requires joint consent (Lei nº 10.406/2002, art. 104) Lei nº 10.406/2002 — Código Civil, art. 104.
  • Failing to present supporting documentation: Attempting to re-ratify property data without attaching the registration certificate issued by the competent registry.
  • Ignoring tax implications: Changing the property value via amendment without verifying the need to pay additional municipal or state transfer taxes.
  • Lei nº 8.935/1994, art. 1º — establishes that notary services are intended to guarantee the publicity, authenticity, security, and effectiveness of legal acts Lei nº 8.935/1994, art. 1º. Available at: Palácio do Planalto.
  • Lei nº 8.935/1994, art. 6º — grants notary publics exclusive competence to legally formalize the will of the parties and execute deeds Lei nº 8.935/1994, art. 6º. Available at: Palácio do Planalto.
  • Lei nº 10.406/2002 (Código Civil), art. 215 — establishes that a public deed is a document endowed with public faith and provides full proof of the declarations made Lei nº 10.406/2002 — Código Civil, art. 215. Available at: Palácio do Planalto.
  • Lei nº 10.406/2002 (Código Civil), art. 108 — requires a public deed as a validity prerequisite for transferring real rights over real estate valued above the legal threshold Lei nº 10.406/2002 — Código Civil, art. 108. Available at: Palácio do Planalto.
  • Provimento CNJ nº 149/2023, Livro II — regulates operational procedures and the execution of acts by notary public offices Provimento CNJ nº 149/2023, Livro II. Available at: Conselho Nacional de Justiça.

Frequently asked questions

What is the difference between an amendment deed and a re-ratification deed?

The difference between an amendment deed and a re-ratification deed lies in the purpose of the act: an amendment adds new clauses or alters conditions agreed upon by the parties, whereas a re-ratification corrects material errors or omissions in an existing deed, ratifying the remaining terms.

When is it possible to make an amendment without the presence of all parties?

As a rule, a notary amendment requires the presence and consent of all parties who signed the original deed. Only the correction of an obvious material error committed by the notary office itself can be done ex officio through re-notification, without altering the intent expressed by the contracting parties.

What is the formal difference between re-ratifying and amending a public deed?

Formally, amending means including new rights, obligations, or conditions in the original deed. Re-ratifying means rectifying a mistake (such as personal data or property descriptions) and simultaneously ratifying (confirming) the remainder of the deed declared before the notary office.

What documents are required to amend or re-ratify a deed?

You must present the transcript or certificate of the original deed, updated identification documents of the parties, and supporting documentation for the fact to be corrected or inserted, such as a birth certificate, property document, or proof of marital status.

What happens if the original deed contains a substantial error without re-ratification?

Without proper re-ratification, the real estate registrar may refuse to register the title by issuing a requirements notice (nota de exigência), preventing property transfer or causing potential nullity of the transaction due to lack of clarity in the expressed wills.

Next steps

  • Obtain a copy of the original deed that requires correction or amendment.
  • Gather personal documents of the parties and supporting certificates for the requested adjustment.
  • Request a preliminary case evaluation from the notary public office to identify the appropriate act (amendment or re-ratification).
  • Schedule an in-person appointment or a notary videoconference to collect signatures.

Contact the notary office

If you need to clarify questions about which notary instrument to use to adjust your public document, the team at the 5th Notary Public Office of Recife (5º Tabelionato de Notas do Recife) is available to analyze your case and guide the parties with impartiality and legal certainty. Count on us to carry out the procedure tailored to your needs.

Editorial Team of the 5th Notary Public Office of Recife

Legal review completed on September 19, 2026.

Version 1.0 — In accordance with the Agentic Notarial Editorial Protocol (PEAN).

Informational content; does not replace legal counseling for specific cases.

Conteúdos relacionados

Próximos passos

Serviços do Tabelionato · Notarial Acts · Ver todos os conteúdos