The 121th issue of the Revista Internacional del Notariado, published by the Unión Internacional del Notariado (International Union of Notaries) has been released. This issue contains few entries in English however those that are included may be of particular interest to the Australian notary public, such as the presentation concerning the cross jurisdictional use of notarial acts within and between common law and civil law countries.
This issue opens with a few words from the ONPI’s President Águeda L. Crespo, who, speaking of the role of public notaries throughout the turbulent and divided world, emphasises that “Legislative comparison is currently more and more legitimate as an actual practical necessity for modern legal agents.” He states that the intention of the journal is to provided different scenarios to international notaries that highlight the difficulties and opportunities that may arise in the present climate, so that they may obtain a “global vision of a different approach to each legal situation arising before them.” He adds:
“Consequently, the current positive law of any given country consists more and more of supra national rules, and only comparative and international law studies will give us a more complete understanding of the subject matter.”
The two other articles that have been provided in English concern problems encountered with the circulation and use of notarial certificates across borders and between jurisdictions (particularly concerning the lack of any universal definition of what constitutes or what is a notarial act) and a report on the disciplinary framework governing the notarial practice in various states and legal jurisdictions:
- Dr. Jeffrey A. Talpis, “The Cross-Border Circulation of Notarial Acts”, Presentation to the Australian and New Zealand College of Notaries, October 2014. [pp. 87-99]
- María Cristina Planells (rapporteur), “The Disciplinary System in the European Notariat”, Report of the European Affairs Commission, 22-23 November 2013. [pp. 127-135]
Notaries in Sydney Australia may find the presentation of Dr. Talpis of particular interest, as would government policy analysts and law reformers who would benefit from the analysis of how different municipal legal codes treat notarial certificates. A review of the above articles may be published in a future post, time and resources permitting.
For more information about how we can notarise your international documents (i.e. documents that will be used overseas) contact us on the details provided here to arrange an appointment with a Sydney notary public. Foreign documents – forms, deeds, agreements or other materials that are to be adduced before foreign courts of administrative bodies – can be notarised locally for use use outside of Australia. In some circumstances, a public notary in the greater Sydney region may be able to come to your office to provide his services (see our section on local Availability for more information).