What should an opponent Notaries? How should you prepare for your workout? González Palomino made these questions and added that these issues, of such interest to the opposition, are not resolved or even addressed in any serious and worthy book. Are nostrums that communicate secretly among themselves the uninitiated, but it seems shameful proclamation.
The truth is that the first duty of the opposition is the rules of the game ultimately to play clean. These rules are very simple and in a competition in which every invented, such as those of notaries, known to every opponent. In addition, coaches are responsible for repeated again and again insistently. When one is on the other side of the table, ie when it is part of a court, the opposition naturally appears very differently. Being a member of a tribunal not to be in "the dark side." On the contrary, there are many things that are seen more clearly than when you opponent or even coach. I will refer to some I remember from my time as a member of a Tribunal. One that surprised me is that, despite the opposition last month, the Court never neglected or fall into a rut. The weeks pass, succeed opponents but listening to everyone with the same interest as the first day. Any Tribunal is mindful that there is no time playing and relaxing care.
also curious how you get to know opponents. Valdano would say, an hour at a Court of competitions lasting more than sixty minutes. And when that time ends during the year the Court still has a very clear recollection of each opponent, who also goes by cooling in the coming weeks, because the grading is done with reference to aprobados.Hay opponents and to try to make things easy the Tribunal. There are opponents that do not focus your exercises correctly, you may not have very clear that what the Court wants to hear. Some even have a great talent and worked hard in preparation, but do not know what is intended in the exercises, and failure occurs. I'll try to explain how they see things from the other side and, therefore, what should be the objectives of opositor.Esos objectives are different exercises in oral and written.
also curious how you get to know opponents. Valdano would say, an hour at a Court of competitions lasting more than sixty minutes. And when that time ends during the year the Court still has a very clear recollection of each opponent, who also goes by cooling in the coming weeks, because the grading is done with reference to aprobados.Hay opponents and to try to make things easy the Tribunal. There are opponents that do not focus your exercises correctly, you may not have very clear that what the Court wants to hear. Some even have a great talent and worked hard in preparation, but do not know what is intended in the exercises, and failure occurs. I'll try to explain how they see things from the other side and, therefore, what should be the objectives of opositor.Esos objectives are different exercises in oral and written.
In oral exercises (the first and second) the objector must show that you know the positive law or, colloquially, who knows what the law says. I'm not talking about whether to say more or less items or if you have to say them more or less verbatim. The question is how to focus the issues. The preparation should aim to achieve this objective and can give some guidelines:
1 .- having always in view and get used to use legal texts, although the books cited and copied, or themes. Managing the legal texts only learns what they say and where you say (I quote again Palomino) .2 .-.
Having a definition in the law (although the purpose of the law does not provide definitions) are not necessary doctrinal definitions, even more perfect.
3 .- In general, the doctrinal controversies interest are those that revolve around to legal texts and the problems they pose, rather than purely theoretical or conceptual.
4 .- It should be borne in mind the jurisprudence and doctrine of the Directorate General of Registries and Notaries that interprets and applies the legal texts, although it seems wrong. What matters is the law that applies, lives and serves as a right and not what one believes to be right (again Palomino).
oral exercises in there are issues that come to hear not complete even once during the entire opposition. The opposition to that play is removed forever. I remember, for example, had never heard the issue of the Catholic Church (which is now item 20 of the Civil with the addition of associations). Another issue which panic is 3 Civil Foral law and, above all, the jurisdiction of State and the Autonomous Communities. And few topics. Admittedly they are not comfortable topics to begin an exercise. But today all the items are made (better or worse). It is a pity that an opponent who has studied 135 subjects of civil, not be able to make a chore of dressing and defend one of those subjects who retire at all.
The third exercise is to write an opinion on a theme of English Civil Law, Common and Foral, Commercial Law, Mortgage or Attorney. Issues that are proposed in this year, says Attorney Regulation that will focus on cases of positive law. Again we find the positive law . But obviously the focus of this exercise has to be different than in the oral exercises. The opponent who gets the opinion has already passed the first two years and has demonstrated its understanding of the issues. It is now time to demonstrate that in addition to learn the songs, has assimilated and therefore know how to apply the positive law to a specific problem, a real case. This requires reason and solve the case. But more importantly the reasoning behind the solution. Unless those issues are clearly resolved by jurisprudence and doctrine, almost everything is debatable, provided that reasonably well.
One last question general. The Notary is a practical lawyer practicing a profession with the public. Those who pass the examinations will exercise the profession of notary, which is a direct and constant contact with people. The Notary is an institution of legal custody, and the notary must give security to those who come to his office. If approved after a document or having attended a consultation the client tells the notary that has been tranquil, that means he has done a good job. The notary can not be alarmist or alarming. Have a Notary he was devastated for having authorized a defective writing and client consoled him saying: Do not worry Mr. Notary and we'll fix it. The notary, in addition to the "science" that is supposed to have to have control and security. Therefore, a court assesses primarily scientific and technical readiness of the opponent. Can not be otherwise. But it is very positive that the opponent is persuasive, it is expressed with order and clarity, that to the point, avoiding the vagaries and originality. In short, we can not help the nerves at the time of examination, but it is good to show poise and control, in short, normal. Of course, the opponent will say he expects the same Court, but that is a matter for another article.
One last question general. The Notary is a practical lawyer practicing a profession with the public. Those who pass the examinations will exercise the profession of notary, which is a direct and constant contact with people. The Notary is an institution of legal custody, and the notary must give security to those who come to his office. If approved after a document or having attended a consultation the client tells the notary that has been tranquil, that means he has done a good job. The notary can not be alarmist or alarming. Have a Notary he was devastated for having authorized a defective writing and client consoled him saying: Do not worry Mr. Notary and we'll fix it. The notary, in addition to the "science" that is supposed to have to have control and security. Therefore, a court assesses primarily scientific and technical readiness of the opponent. Can not be otherwise. But it is very positive that the opponent is persuasive, it is expressed with order and clarity, that to the point, avoiding the vagaries and originality. In short, we can not help the nerves at the time of examination, but it is good to show poise and control, in short, normal. Of course, the opponent will say he expects the same Court, but that is a matter for another article.
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