Types of notary in costa rica: Institutional notary problematic issues
Costa rica is a founding member of the international body of notaries´ union. up to the year 2,000 costa rica had a body of notaries within the latin notarial system. there were three types of notaries then: the notary exercising private practice, the state notary, and the consul working as a notary...
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| Format: | Article |
| Language: | English |
| Published: |
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5594819 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 1, 2013, pags. 97-112 |
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| Summary: |
Costa rica is a founding member of the international body of notaries´ union. up to the year 2,000 costa rica had a body of notaries within the latin notarial system. there were three
types of notaries then: the notary exercising private practice, the state notary, and the consul working as a notary.
Because of constitutional chamber vote number 444, from the year 2,000, a new type of
notary was incorporated: the institutional notary, this is the notary who works at a state bank or at a public institution giving notarial services to the clients, at zero cost, working on a salary basis, paid by the institution. The disadvantage to this new type of notary is the infraction to priciples of autonomy and independency when exercising notarial public faith, characteristic of the latin notarial system, since it is within the regimen of public use; therefore, a subordinate working relation emerges.
The negative effect for those exercising private notarial law in costa rica has been very
serious. the financing market expands in detriment of the free, imparcial and independent notary, and these notaries´ fees are questionable on daily basis. right now, and because of the administrative matters tribunal negative ruling, this sector´s fight is taken to the highest court of the nation on substantive grounds of interpretation and application of the law. |
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