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Union Internacional del Notariado Latino | |
Founded | 2 October 1948 |
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Founded at | Buenos Aires, Argentina |
Type | Professional association |
Legal status | Union of notary |
Purpose | Private law consensus |
Headquarters | Rome, Italy |
Coordinates | 41°53′N12°30′E / 41.883°N 12.500°E |
Region served | Worldwide |
Membership | 91 national notariat associations |
Official languages | English, French, German, Spanish, Italian, Russian |
Lionel Galliez [1] | |
Main organ | General Assembly |
Website | www |
The International Union of Notaries (UINL; Spanish : Union Internacional del Notariado Latino) is a non-governmental organisation. It aims to promote, co-ordinate and develop the function and activities of Notary throughout the world.
Most of the nations in the world use a legal system that is based on either the civil law tradition or the common law tradition. The civil law tradition evolved from the given law of antiquity through Roman Law, the Codes of Theodosius and Justinian, the Salic Code and the Code of Napoleon. That tradition is the foundation of the legal systems of continental Europe, francophone Africa, South America and Middle Eastern countries that were under French dominion such as Egypt, Lebanon and Syria, While the legal systems of China and Japan did not evolve from the same given law as did the civil law, they developed legal systems that are functionally similar to the civil law tradition. In the civil law tradition,all law flows from a coherent set of legal principles contained in a written code provided or enacted by the sovereign. The civil law tradition has been described as “anything that is not permitted is prohibited”. While scholars have found traces of the common law tradition in ancient Roman law, the common law tradition essentially derives from the merging of the Saxon and Norman legal systems after William I conquered England in 1066. The common law tradition is the foundation of the legal systems of Great Britain (except Scotland), the United States (except Louisiana and Puerto Rico), Canada, Australia, Cyprus, India, Pakistan and Anglophone Africa. In the commonlaw tradition, law is developed through the decisions of judges made in resolving actual cases. The common law tradition has been described as “anything that is not prohibited is permitted.” At the beginning of the twenty-first century, the each legal tradition is increasingly adopting essential features of the other legal system. The law of the common law systems is becoming more statutory. The law of the civil law systems is being made increasingly in judicial decisions and interpretations of civil code provisions. The civil law notary is but another feature of the civil law tradition that is receiving increasingly serious consideration in common law jurisdictions. [2]
The organization's Spanish name Union Internacional del Notariado Latino references civil law notary which is an interchangeable term with Latin notaries, itself gained its name from Latin-speaking state of Ancient Rome whereas the roots of the civil law notary. Ancient Rome's Codex Justinianus played big part in shaping the laws of civil law countries which originated in Continental Europe and extended to their colonies overseas, including but not limited to Latin America and several Spanish and Portuguese colonies-states which is later known as Latin countries. Since twentieth century, with the independence of many states formerly occupied or colonised by Continental Europe an countries and the opening up of Japan, World War II and subsequent decolonisation of remaining colonised territories, the Cold War and the fall of Soviet Union and subsequent formation of the Russian Federation, also the United States thaw with China, has influenced the practice of civil law and its notaries to become more widespread, beginning with European colonisation in sixtieth until ninetieth century in which time the European rule forced indigenous people in several territories into following European Continental civil law, and then with Japan moving to a more civil law-centric policies, decolonisation during World War II that left many previously colonised countries to gain independence and still has civil law policies in place, adding more countries exercising civil law policies, China thaw that move China a civil law communist state, thus creating the UINL as a professional union between civil law countries becomes inevitable. The UINL now acts as an umbrella organisation for all the publicly authorised notaries in the world rather than just those from Latin countries, but the acronym UINL has nevertheless been retained.
Formed by 19 countries at the time of its establishment in 1948, the organisation includes 91 countries, of which 22 out of the 28 member countries of the European Union and 15 out of the 19 countries of the G20, thus showing the expansion of the Continental legal system. Today this system is in place in almost 120 countries, totalling 2/3 of the world population and accounting for over 60% of world gross domestic product.
Directed by a steering committee formed by 28 councillors, the decision-making body is the General Meeting of member notariats where each country has one vote regardless of its importance. It also includes a General Council formed by 172 members and continental and intercontinental commissions working from the scientific (vocational training and research), strategic (development), economic (networks and activities) and sociological (human rights and social protection) standpoints.
The UINL has a Board of Directors which acts as the executive force within the body, a General Council within the body whose role is to make proposals, an Assembly of the member-notary-bodies and a large number of commissions and commissioners including continental commissions and commissioners for African, American and European affairs, various inter-continental commissions and commissioners including those on human rights, ethics, public relations, and the International Notarial Cooperation Commission (C.C.N.I.) [3]
The union elects a President of the union at General Assembly of member notariats, the institutional meeting of the International Union of Notaries, for three years term. [4] To be eligible for election, a candidate must be a notary from one of the active member notariats. The current president of the union is Lionel Galliez, French notary, elected at the 30th Congress General Assembly in November 2021.
Membership consists of notariats from civil law sovereign states or non-sovereign states. Quebec and the City of London are members instead of Canada and United Kingdom because of the presence of notariats in these regions, something uncommon in common law states. Although there is also notaries in other common law states such as Michigan in the United States, but their duty differ at varying degree in terms of certification of legal documents, where the notary is an extended hand of the Secretary of State for legalization of any documents. In the states of Alabama and Florida, under Alabama Code 1975§ 36-20-50 et. seq. and Florida State § 118.10, juncto Florida ADC 1C-18.001 et. seq., existing statute that enable civil law notaries may allow those states to join the UINL as a non-independent state member, similar to Quebec and London, but so far none of those states joined. Thus no state in the United States and only one territory (Puerto Rico) is certified as a member of UINL. In their line of work, their operation is similar to the continental European notaries. Lebanon and Belarus are the most recent members, joined in 2018 and 2019, respectively. The list of the members is as follows:
Common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.
The following outline is provided as an overview of and introduction to law:
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public, their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries.
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner – more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using statistical methods, analysing class distinctions among litigants, petitioners and other players in various legal processes. By analyzing case outcomes, transaction costs, and numbers of settled cases, they have begun an analysis of legal institutions, practices, procedures and briefs that gives a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve.
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.
The Worshipful Company of Scriveners is an ancient Livery Company of the City of London. Originally known as the Mysterie of the Writers of the Court Letter and, since its incorporation, as the Master Wardens and Assistants of the Company of Scrivenors of the Cittie of London [sic], the Scriveners' Company remains one of the few City livery companies continuing to influence professional standards, namely that of scrivener notary. The Company received its first ordinances in 1373 and its royal charter was granted by King James I on 28 January 1617.
The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the Convention. A certification under the Convention is called an apostille or Hague apostille. An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the Convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.
A supranational union is a type of international organization and political union that is empowered to directly exercise some of the powers and functions otherwise reserved to states. A supranational organization involves a greater transfer of or limitation of state sovereignty than other kinds of international organizations.
Civil law is a legal system originating in Italy and France that has been adopted in large parts of the world. Modern civil law stems mainly from the Napoleonic Code of the early 19th century, and it is a continuation of ancient Roman law. Its core principles are codified into a referable system, which serves as the primary source of law.
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different.
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law.
Africa's fifty-six sovereign states range widely in their history and structure, and their laws are variously defined by customary law, religious law, common law, Western civil law, other legal traditions, and combinations thereof.
The legal system of Ukraine is based on civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law. The new civil law books were heavily influenced by the German Bürgerliches Gesetzbuch.
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.
An act is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force. They are usually accepted as self-authenticating demonstrative evidence in court proceedings, though with the precarious status of notaries public and their acts under common law, this is not always so.
The law of Sweden is a civil law system, whose essence is manifested in its dependence on statutory law. Sweden's civil law tradition, as in the rest of Europe, is founded upon Roman law as codified in the Corpus Juris Civilis, but as developed within German law, rather than upon the Napoleonic Code. But, over time Sweden along with the other Scandinavian countries have deviated significantly from their classical Roman and German models. Instead, the Scandinavian countries together with Finland, the Faroe Islands, Greenland, Åland (self-governing) and Iceland may be said to have a special "Nordic" version of jurisprudence that is neither a truly civil law system nor a part of the British-derived common law legal system.
The Council of the Notariats of the European Union (CNUE) is a nonprofit organisation of notaries from 22 European countries. The CNUE is the official body representing the notariat in dealings with the institutions of the European Union. Speaking for the profession, it expresses the joint decisions of its members to the European Union.
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside his or her home state unless they have a commission there as well.