Revista Internacional del Notariado (No. 122, 2016)

The 122th issue of the Revista Internacional del Notariado, published by the Unión Internacional del Notariado (International Union of Notaries) was received earlier this year. The former President’s message drew on the legacy of the notariates of Latin America in creating a universalised community of notaries spanning the globe. In his editorial, Águeda L. Crespo asks “Where do we lean as leaders: towards integrity or isolation? What do we expect from our leaders?” Recognising the tension between the duty to honestly represent one’s constituents on one hand and the imperatives of leadership, he suggests that what is needed is a balance between “conviction and responsibility.” The report claims that the rise of isolationism — referring specifically to Brexit as an example — is the result of a failure of leadership in transmitting the values of integration and properly advocating for greater universalisation, presumably of legal systems that interact on the global arena. [p. 19] “Hetrogeneity and diversity of opinions are enriching, sicne only from them does the fundamental sense of things emerge” he writes, adding that “We need to put aside all economicist [sic] and utilitarian analysis both on the law and peer relationships, and resume the path towards community interests, which interests have been sustained with guarantees, as a banner, by UINL’s founders.” [p. 20]

Most of the content of the journal is not in English, however the following content which may be of interest to the Sydney notary public has been translated and is included in the publication:

  • Letter from the President, Daniel-Sedar Senghor, “To The Presidents of the Member Notariats and to the Councilors of the UINL” (Dakhar, Yemen: 2 December 2015) [pp. 39-40]
  • Recommendations: 2nd Afro-American Conference “Hugo Pérez Montero” – the Legal Certainty of the Investments Between Africa and America – “Building a Bridge of exchanges and services over the South Atlantic Ocean” (Rio de Janeiro, Brasil: 28-29 September 2015) [pp. 41-42]
  • Héctor Galeano Inclán and Fernando Trueba Buenfil, “Commission of Notarial Deontology” (Istanbul, Turkey: 15-18 May 2015) [pp. 51-52]
  • Maria de los Reyes Sanches Moreno with Igor Medvedev, Fotini Koutkou, Sabrina Belloni and Marc Geleijns, “European Affairs Commission (EAC): The Evolution of Family Law in European Countries and its Consequences for Notary Law” (November 2015) [pp. 75-83]
  • Shidheswar De, “Fundamental Principles of the Indian Notarial System” (Bengal, India: 12 April 2016) [pp. 95-98]

The short piece by Shidheswar De, President of the Indian Notarial Association, on the principles of the Indian notarial practice may be of interest to the Commonwealth notary. Time and resources permitting, a review of some of the above articles may be publish here in the near future.

Should you be looking for a Sydney Notary Public, contact us on the form provided here to discuss what we can do for you. We are a busy practice but endeavour to respond to all contacts within 24 hours. In some circumstances, a public notary in Sydney can come directly to your place of business or arrange a mutually convenient place where notarial services can be provided. For more information about what we can provide, see our Examples of Notarisations and Certificates and Services Offered sections of this website.

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Revista Internacional del Notariado (No. 121, First Semester 2015)

Revista internacional del notario 121The 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).

Revista Internacional del Notariado (No. 120, First Semester 2014)

Revista internacional del notario 120The 120th issue of the Revista Internacional del Notariado, published by the Unión Internacional del Notariado (International Union of Notaries) has been released. The issue contains an editorial by Águeda L. Crespo, the president of the Permanent Notarial Office for International Exchange (ONPI) for the legislature of 2014-2016 and an introductory comment by Daniel-Sédar Senghor, the president of the International Union of Notaries.

Á. L. Crespo outlined how his office has been opened to collaboration with other country jurisdictions willing to work with the ONPI, restructured the work areas and inaugurated the new online “ONPI News” service. The Commission and Working Groups’ reports and activities have also been made available online for consideration and review. An announcement was also made in relation to the official naming of the ONPI library in honour of the past president, Rafael Gómex Ferrer Sapiña. Finally, the president of the ONPI reflected on the utility and future of the print edition of the Revista Internacional del Notario before quoting André Gide:

In the presence of certain books, one wonders, who will read them? And regarding certain people, one wonders, what do they read? Finally books and people met each other.

D.-S. Senghor raised a concern regarding the apparent challenges facing notaries world-wide, where their “essence” and “function” is being questioned. He urged notaries to be involved in the working groups and play an active role in the profession:

We have to rebuild the belief we need to have of the utility of our profession and that our function is meaningful only through the service it renders.

The remaining English language components of this issue include:

  • “Some Thoughts Expressed at the Opening Ceremony in Bern, Switzerland.” [pp. 61-62]
  • Juan Ignacio Gomez Villa, “Normas de Organizacion de la UINL y su Significado en el Notariado Mundial” concerning the need for deontological rules tailored for different notaries as well as the Code of Deontology. (21 December 2014) [pp. 69-77] (Only Abstract available in English)
  • Dennis D. Martínez Colón, “Titulacion: Notas Sobre Conceptos Fundamentales y Proyectos de la UINL” concerning the concept of property entitlement and the importance of assessing the notarial document. (18 July 2014) [pp. 101-105] (Only Abstract available in English)
  • Pierre Becque, “Le Nouveau Code Civil Roumain: Les Similitudes Entre le Code Civil Français et le Nouveau Code Civil Roumain en Matiere de Regimes Matrimoniaux” concerning the reform of the Romanian Civil Code as to the recent amendment to the community property regime in matrinonial cases, with a comparative analytical approach to the French legal regime. (undated) [pp. 115-124] (Only Abstract available in English)
  • Luc Weyts, “Quelle est la Valeur d’un Act Notarié à l’étranger? A Propos de la Circulation de nos Actes au Sien de l’Europe” concerning the circulating of notarial deeds and court judgments throughout Europe, in particular to mutual acknowledgments which vitiate the need to obtain apostille. (drafted 4 June 2014) [pp. 131-137] (Only Abstract available in English)