1. Definition
Now we will define the studied term, as it is by the way the legal term " notary ", which can be defined as "officials who provide the service of public faith", or "officials with a notary function".
2. What they certify
Some notaries have a wide field of application, that is, they attest to facts, legal acts and instruments, that is, they have a fairly wide field of application. For example, before notaries and consuls, public deeds are granted, among other notarial instruments, while administrative notaries certify copies of the originals.
3. Difference between notaries and notaries
Now we will study the difference between notaries public and notaries, which is an issue that must be developed at this site in order to determine their relationship and thus know the issue in a more appropriate way. In other words, it is a topic that must inevitably be developed on this occasion, in order to know and disseminate knowledge related to notarial law.
There are two currents on this subject, for the first, they are considered different, in that sense, it is stated that the notaries are those who work in the public administration, and for the second, it is stated that gender is the term “notaries ”, While the species is the term“ notary public ”.
Those who know this topic the most adopt the second doctrinal position, and following it, the classes of notaries will be developed below, being a class of them, notaries public, however, we leave record that it is not accepted by all, but it constitutes only a theory of the existing ones.
In notarial law the notary legal term is better known than the notary legal term, as we have consulted with some Peruvian notarialists, to such an extent that for many the first of the aforementioned would imply greater hierarchy, compared to the second, which we record for the sake of knowing the way of thinking of Peruvian notary publics.
This difference is little known within Peruvian law, for this reason, we developed it to gain a better understanding of this notarial issue.
We hope that this specific topic will generate debate, to increase our knowledge on such an important aspect studied within the notary, and also to encourage criticism, which is different from just transmitting information, which in many cases is not correct or said with other words it is wrong or it is wrong.
4. Foreign and comparative law
This issue not only has an impact on Peruvian law, but also on foreign and comparative law, for example comparative law can be made between French notary law and Spanish notary law, or between seven notary systems from different continents, and even in different languages, among many other cases of comparative law.
And this can also be done between legal families, therefore, in the administrative notarial system there are no notaries as they exist in the Latin notarial system.
5. Classes
5.1. First classification
By the first classification, the notaries are classified into: district, provincial, departmental, regional, national and international.
5.2. Second classification
By the second classification, the notaries are classified into: state and private.
5.3. Third classification
They can be appointed or hired.
5.4. Fourth classification
Dedicated exclusively or in parallel to other activities.
5.5. Fifth classification
They are public and private.
5.6. Sixth classification
They are subject to the labor regime of private activity, subject to the labor regime to public activity, among others.
5.7. Seventh classification
The subjects in a functional dependency relationship and those who exercise independently.
5.8. Eighth classification
They are classified into those who pay tribute, and those who do not.
5.9. Ninth classification
They are classified into those who avoid taxes and those who do not.
5.10. Tenth classification
Those who have tax debts and those who do not have them.
5.11. Eleventh classification
Those who own their own premises for this purpose, and those who have their own premises to be notaries.
5.12. Twelfth classification
Those who have staff in charge and those who do not.
5.13. Thirteenth classification
Those who are reliable and those who are not.
5.14. Fourteenth classification
Those who have a notarial protocol and those who do not.
5.15. Fifteenth classification
5.15.1. Notaries
Notaries public are the best-known notaries, which are regulated and studied in notarial law.
5.15.2. Public registrars
Public registrars issue literal domain copies and copies of filed titles, among many other notarial instruments.
5.15.3. Civil registrars
Civil registrars issue certified copies of the certificates, within which we can cite the case of birth certificates and marriage certificates.
5.15.4. Judges
Judges act as notaries when they issue certified copies of court reconciliation records.
5.15.5. Legal justices of the peace
Legal justices of the peace have notarial jurisdiction for imperfect deeds, protests and legalizations.
5.15.6. Justices of the peace
Justices of the peace have notarial jurisdiction for imperfect deeds, protests and legalizations.
5.15.7. Court clerks
Clerks of court are notaries because they certify copies of court records.
5.15.8. Courtroom Secretaries
Clerks of courtrooms are notaries who vouch for certified copies of courtroom records.
5.15.9. Consults
In accordance with the regulations to consult, before the consuls the consular public deeds are granted.
5.15.10. Administrative notaries
The administrative notaries attest to the copies that are taken in the public administration.
5.15.11. General secretaries
In the ministries and in some other institutions there are general secretaries, who issue certified copies of the resolutions issued in the entity.
5.15.12. Notaries of the Public Ministry
The notaries of the public ministry attest to the certified copies that are taken of the files that are processed before the prosecutors.
5.15.13. Notaries of the National Police of Peru
The notaries of the national police of Peru attest to the certified copies taken from the file of the mentioned institution.
5.15.14. Military notaries
Military notaries attest to certified copies taken from military records.
5.15.15. Commercial notaries
Commercial notaries issue certified copies of the file of the companies in which they work.
5.15.16. Municipal notaries
The municipal notaries issue certified copies of the municipal file.
5.15.17. Regional notaries
Regional notaries are those that exist in regional governments.
5.15.18. Arbitration notaries
Arbitrary notaries are those who issue certified copies of all or part of the arbitration files.
5.15.19. Conciliation notaries
The conciliation notaries are those that issue certified copies of all or part of the conciliation files.
5.15.20. Stock brokers
Stockbrokers are those who attest to the firm of those who will trade in the stock market, for example, attest to firms when power is granted to buy or sell transferable securities, in said market.
6. Responsibilities
The notaries are subject to liability: civil, criminal, administrative, political, business, corporate, municipal, commercial, mainly, which are applied only when they do not fulfill their functions in the appropriate way.
That is, the functions of the notaries must be fulfilled in the manner established by the law of each country, therefore, the notaries must carry out their functions with great care, so as not to harm anyone, that is, the indicated ones are quite delicate.
7. Fedarios with greater development
The most developed notaries are notaries public.
8. Notarial functions of legal justices of the peace
Article 58 of the Organic Law of the Judicial Power establishes that the Legal Magistrates' Courts, whose headquarters are more than ten kilometers away from the place of residence of a Notary Public, or where, due to vacancy, there were none, or in the notary's absence for more than fifteen continuous days, they also have the following notarial functions regarding the persons, goods and matters within their competence:
1.- Imperfect Scriptures.
Keep a record in which, by means of the minutes, the date of presentation of the minutes, the name, surname, marital status, nationality, occupation, domicile and identity documents of the grantors and their spouses, the nature of the act or contract, the right or thing to which it refers, its value if announced, the amount of taxes paid and rights collected, noting the date and number of the corresponding receipts. It also notes its appreciation of the ability of the grantors. The act is signed by the Judge, the grantors and two elderly witnesses and residents of the place. The minutes are laid out in strict chronological order, one after the other without leaving any free spaces. Once the record is established and signed, the Judge returns the imperfect deed to the interested parties,leaving a record of the folio and book as well as the date of registration in its registry.
2.-Protestos.
Make the protest of bills of exchange and other documents susceptible of this diligence, with the formalities established in the law of the matter. From the diligence a record is established in the registry referred to in the previous paragraph, in strict chronological order. The Judge prints the seal "protest" or said word in any other form, on the document that is the object of the proceeding.
3.- Legalizations.
Legalize the signatures of a document when the grantor requests it and is in their presence. Enter the respective minutes in the book referred to in the previous paragraphs and put the record in the signed document.
9. Notary powers of justices of the peace
Article 68 of the Organic Law of the Judicial Power regulates the notarial functions of the Justices of the Peace, indicating that the Justices of the Peace have the same notarial functions as the Legal Justices of the Peace, within the scope of their competence.
10. Coexistence of legal justices of the peace and justices of the peace
Article 60 of the organic law of the Judiciary regulates the coexistence of Legal Magistrates' Courts and Justice of the Peace, noting that in places where a Legal Magistrate's Court coexists with one of the Peace and the law assigns the same powers, the plaintiff may resort to either of the two instances. It is also specified that in the other cases, they will be subject to the provisions of the law for each case.
