1. General
The current notarial law has antecedents, which are different from those of the registry law, therefore, we will study the first ones in this seat in order to know and understand more widely the current law, which is not a set of rules or devices legal or positive law, but you have to know the evolution, in order to determine more broadly the reason for the current situation.
That is to say, the legistas do not study the antecedents nor the history of the notarial right, therefore, taking into account that the present does not have as recipients the indicated ones, we will develop this topic but in a brief way, which will allow a reading agile, and in this way you can have a precise idea of notarial law throughout history.
The study is not only of Peruvian law, but also of Spanish law and other times, for example studying ancient Roman law, within which there was no notarial law, but if there were antecedents within it, which allows to know and understand the notarial law of these times, which little by little, and day by day has developed and continues to develop, which is studied by notarialists and also by undergraduate students of notarial law.
2. Egyptians
The Egyptian culture has been little studied in these times, however, important history, which deserves to history of the notarial law since those times, ie, is the headquarters for the record that this stage is really important in the study of the notary law.
In Egyptian culture there was an antecedent of current notaries public, who were dedicated to writing contracts, and these characters were known by the name of "Agoránomos".
3. Hebrews
It has always been a pleasure for us to write or quote from the Hebrew culture, which provides important elements of judgment in order to determine that ancient Roman law is not the entire law, nor is it the entire history of law, but rather it constitutes only a part of it, which is easy to understand when studying cultures other than Roman law.
It is necessary to specify that the Hebrews had an antecedent of the current notaries, which were the: scribes of the king, scribes of the people, and scribes of the state. The first of the King's main function was to authenticate the acts of the King. The seconds served as the current notaries. And the latter were of various kinds.
4. Greece
As a first antecedent we will study Greece, which is little known in which it is little known in these times, but there were times in which they were very taken into account, therefore, we must specify that this depends on many factors, within which we can cite the time in which they are studied, as well as the subject studied.
Greece is little studied, however, in some cases it is justified to investigate this important antecedent of notarial law, about which there is little information and few publications.
It is necessary to study the antecedents of the notary law existing in Greece, in which there were different types of forms, or types or modalities of notaries.
In this town there were the Apographs or Singraphos, they were also called Mnemones or Promnemones. The former were considered as true notaries, and in each tribe there were two of those indicated, which were very important.
5. Rome
Roman law is regularly quoted from Rome, without distinguishing ancient Roman law from current Roman law, which results in many students and some lawyers being unaware of the difference between those indicated.
It has even come to distinguish other stages, which are later than ancient Roman law, which must be studied with enough care in order to carry out the historical monitoring of notarial law, with which we can more thoroughly describe this important but neglected discipline legal.
Next we will study ancient Roman law, but only in relation to the antecedents of notarial law.
In ancient Roman law there were four subjects who exercised notarial functions, which were the following: the scribe, the notarri, the tabularius, and the tabellio. But for others there are other antecedents, which are different from those indicated above, therefore, we can affirm that this is not peaceful within ancient Roman law. Each of the mentioned had different functions in this antecedent, therefore, we recommend a broader study of this important topic, which is aimed at studying among other topics ancient Roman law.
6. Middle ages
The Middle Ages constitute a rather important important period in history and it is studied with dedication, for this reason, in this headquarters we want to offer you some lines citing for this purpose important national doctrine, which we hope will be sufficient to understand it within the history of law. notarial.
In the Middle Ages, also called the stage of “obscurantism”, due to the empire of the extremely religious, attached to the intolerable Catholic dogma that the Church was the absolute truth; The incipient Notary Public begins to acquire intellectual and scriptural uproar, increasing in importance within the monasterial cloisters (Spain, France), also picking up the cultural wandering of Asia, via the knowledge of algebra, arithmetic, geometry, music, astronomy that secretly came from the Arabs to the monks. At this stage, those who fulfilled the function of notaries, attesting to the documents, were known as ecclesiastical notaries.
At this time is when an important evolution takes place in the notary. The low middle ages includes approximately the eleventh to the fifteenth centuries of our era. At this stage the notary public already has a defined concept where the notary's function is more complete and clear as legitimizing, advising and authenticating, in addition to being understood as "the art of good saying and writing" due to the influence of the Renaissance current.
Italy and Spain were the two centers of revival and evolution of the notary field, constituting over time the origin of modern Latin-type notaries. The Bologna School and the first provisions relating to notarization contained in the Royal Court, in the Code of the Seven Parts, in the Laws of Style, etc. correspond to this time.
It should be noted that the Bologna school constitutes the most notable scientific movement in the field of notarial law, its highest representative being Rolandino Passaggiero, who created and taught notarial science, leaving famous works such as "Summa Artis Notarial" among others. He was called in doctrine as the prince of notaries.
7. Modern age
Now we will study the modern age, but only in what refers to the notary, of which we study the antecedents in this headquarters. Of this age there are several publications, however, we have warned that in Peruvian law they are almost totally neglected topics.
Already in the modern age the hierarchy of the norms in Games and Codes (Spain, England, France, Portugal) acquired vital importance according to the geographical and political reality of the time; Thus, in this context there are seven items of Alfonso El Sabio, in the work of the notary begins to synthesize in duties, obligations and rights and a certain independence in their daily work.
8. Contemporary age
This age begins approximately from the 18th century until today, in which it acquires its current form; appears more perfected and evolved especially in countries of Latin origin.
Among the precedents or first organic laws that represent this time we can mention "The Seven Games of Alfonso El Sabio X", which for the first time expressly deals with the notary institution.
Starting in the 19th century, the following officials can be distinguished:
- Notaries Secretaries of the King, with the category of Ministers.
- Royal Scribes, appointed by the King.
- Notary of other trades, which are involved in the hiring.
We must also take into account the French law of May 16, 1802, the Spanish law of May 28, 1862, among others. With regard to the Church, it should be noted that it had its own official jurisdiction.
9. Spain
Spain constitutes a fairly important antecedent for Peruvian law and this occurs even in notarial law, therefore, in this headquarters we will study it to learn more about this important subject, such as the background of Peruvian notarial law.
In Spain, the role of judges was first distinguished with the role of notaries, noting that judges failed in judicial processes, while notaries were hired so that said processes do not exist.
The Fuero Juzgo “First General Code of Spanish Nationality” established in the 6th century that scribes were divided into village and communal scribes, and at that time laws could only be written and read by scribes.
Spanish notarial law is more developed than Peruvian notarial law, which is why some Peruvian notarialists have traveled to Spain to specialize or update themselves in notarial law, which although it is true that few have traveled, it is also true that The doctrinal and jurisprudential novelties are abundant, which has generated a series of copies of Spanish law to Peruvian law, which should deserve comparative law studies.
10. Discovery and conquest
Next we will study the discovery and conquest of South America by Spain, that is, this monarchy conquered the Inca Empire, that is, notions of the right of integration must be had, therefore, said empire was annexed to said monarchy but not of horizontally, but hegemonically.
With the stage of discovery and conquest, the laws of Spain were applied to the newly conquered territories, changing the political-social system that previously governed, which was the Inca agrarian economic system, therefore the system used for statistics, trade, the population, and historical facts coupled with the decisions of the Inca Sovereign and Lord of the Andes and conquered territories gathered in the quipus and read only by the amautas quipucamayoc; opposed the system of written legislation contained in the laws of the bull, the seven games of Alfonso the Wise, the royal cédulas, the Indian laws, the laws of Real Castilla, applied by the royal audiences, the Viceroy, the Council of Indies, and royal councils leading the secretaries,they also become scribe and correlatively also notary public, which would be today's notaries, or known as scribes in due course.
11. Emancipation
When we separated from Spain, via emancipation, some basic institutions were maintained, but later own regulations were approved, which are little known.
12. Beginnings of the republic
The Peruvian state has existed since 1821, and an important milestone is the Peruvian Code of Trials in Civil Matters of 1852, which distinguishes four types, classes or varieties of notaries, which are the following:
-) Notaries of Chamber in the Cortes.
-) Notaries Public (notaries public).
-) Notaries of the state (Court Clerks).
-) Diligent clerk.
In its article 228 it is specified that the obligations of the public notaries are the following:
-) Extend deeds in accordance with the minutes.
-) Archive the minutes and form books.
-) Manifest the scriptures.
-) Do not display wills while the testator lives.
13. First law of the Peruvian notary
In 1911, law 1510 was approved in Peruvian legislation or Peruvian positive law, which contains the first Peruvian notarial law, which constitutes a great advance for that time, therefore, we recommend its study to make the history of Peruvian law. That is, before this norm in Peruvian law there was no notarial law, which was little studied, however, in some texts it was published as an annex, for example it appears in a book by Victorino HERRERA CAVERO, this publication was made in several editions and for his time it was a great academic advance, but for these times it is a bit more affordable work.
14. Second law of the Peruvian notary
Subsequently, Decree Law 26002 was issued, which approved the second law of the Peruvian notary public, which suppresses notarial witnesses, a legislative novelty that was adequately disseminated, when we were in the last years of our undergraduate law studies. This rule is more extensive and contains more detailed provisions and, like the first law of notaries, has no regulations.
15. Law of notarial competence
Subsequently, the law of notarial competence was issued in Peruvian law, which constitutes an important legislative instrument of Peruvian positive law, which has been approved to decongest the Judicial Power in matters of little complexity, having fulfilled its purposes with respect to the processes of intestate succession., since many of these processes have been processed and registered in public registries, without generating any application problem, which is why the notarial competence was extended to other processes, which are the following: divorce, call for an assembly and union of done.
This norm has been the subject of some publications, in which its scope and novelties in Peruvian law have been commented, which we hope will have a broader application, that is, we hope that in the future there will be more processes of notarial competence, so that the The Judiciary concentrates its efforts on more complex matters, and another advantage of these norms is that the state no longer spends money on these processes, which as a first stage are of alternative competence, but in the future it must pass integrally to the notaries public.
16. Legislative decree of the notary
This is the current standard, that is, it is in force, it is from 2008, and we have not had access to books by other authors in which it has been commented, however, we have published some books with this new regulation.
17. Regulation of the legislative decree of the notary
The legislative decree of the notary has been regulated, and then modified, to finally have approved a tuo of said regulation, which constitutes a novelty for Peruvian law, however, we must specify that in Spanish law, many years ago it already counted with notarial regulations, which has motivated various opinions, some of which are in favor and others against.
