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LEARNING UNIT XVI XV

judicial body POWERS ON THE ROLE OF ATTORNEY

1. Supreme Court

1.1. Numbering of Notarial Records created by law

COJ Article 99 .- Part The creation of Notarial Records Act shall be made in addressing the needs the country.

These records will be numbered by the Supreme Court.

Notaries and Notary record obtain the usufruct, the Supreme Court.

1.2. Discernment of the usufruct of the Attorney Registration

COJ 99 .- Part II. Notaries and Notary record obtain the usufruct, the Supreme Court.

1.3. Declaration of vacancy in the Notarial Records

Article 148 .- Where there is a vacancy of a Registry, the Judge in Civil Commercial or in turn, as the case may proceed in the day to close the protocols, recording the number of scripts that contain, when the last one had been granted and the number of folios of the Protocols, signing the record with the Secretary and applying the seal of the court.

1.4. Notary Appointment of Substitute

The Supreme Court, after competitive examination of qualifications, merit and skills covered by the Agreed N º 433/2066, d have a list of Notaries Alternates, in numerical order, which may fulfill the role of attorney, in cases of leave or absence dl Contractor Registration Clerk.

2. Board of Superintendence of the Supreme Court

2.1. sanctions

Article 23. . A. Law N º 609/95. Organized by the SUPREME COURT, disposed between the Duties and Powers of the Board of Superintendence of the Supreme Court of Justice: To exercise the disciplinary and supervisory powers in accordance with Article 4 of this law.

The article 4 stipulates: The Supreme Court of Justice, through the Board of Superintendence dl, exercises disciplinary authority and supervision over ... the court officials (Notary Public) and the offices under it.

Pursuant to the disciplinary powers reserved to the Supreme Court of Justice Clerk may impose penalties on the registrant.

2.1.1. Contents prior

Article 24 of Law N º 609/95. Organized by the SUPREME COURT, provides:

complaint was initiated by the Board of Superintendence of Justice, which may also proceed ex officio

The Superintendent General of Justica instruct The summary for the affected and may request the Council to summarily suspended, for the substantiation of the trial. After the trial proceedings raise the case to the Board of Superintendence of Justice, who will make a decision without participation of the investigating judge.

The procedure will be and set the CPC for the trial of summary knowledge

2.1.2 . warning

Article 23. . C. Law N º 609/95. Organized by the SUPREME COURT, disposed between the Duties and Powers of Council Superintendence of the Supreme Court: warning, suspend the Notaries Public

2.1.3. Removal

Article 23. . C. Law N º 609/95. Organized by the SUPREME COURT, disposed between the Duties and Powers of the Board of Superintendence of the Supreme Court: Dismiss the Public Notaries

3. Superintendencia General de Justicia

3.1. prosecutions

Article 21 of Law N º 609/95. Organized by the SUPREME COURT, available The functions of the Superintendent General of Justice:: The research was developed in accordance with the principles that make the due process the Court is empowered to make it more flexible and guide as to the nature and the inherent requirements of the trial of ethical responsibility. The trial will be concluded no later than sixty (60) working days from the date of acceptance of the complaint. Procedural rule that applies to the holder of the registry clerk

3.2. Notarial Inspection Office before the oath

oath before the Clerk to notarial registry usufruct, previously the General Superintendent of Justice, the Office will inspect where the seat will attorney.

4. Court of Appeal in Civil and Commercial

4.1. Notarial Inspection Office

COJ Article 33. - The President of the Chamber of the Court of Appeal in Civil and Commercial on duty, or the members or members so designated, inspected the offices of the Public Notaries usually every three months or sooner if it sees fit. This function inside the country for the Court of Appeal of the respective judicial district.

4.2. Licensing of notaries

Law No. 903/96 provides in Clause 1 .- If a notary log is to perform a public office, must seek permission from the Court of Appeals in Civil and Commercial of the respective judicial district, and propose the appointment of a notary deputy to the Supreme Court justice .

permission is deemed granted if the Court does not act within forty-eight hours.

same procedure be followed to leave the seat of the notary for more than ten days.

the alternate authorization will be granted for the duration of the appointment or absence.

For cases in which the notary was elected by popular election to public office not be incompatible with the exercise of the profession, provided that such exercise does not prevent normal care record.

4.3. Use materials initialling attorney

After acquisition of the protocol by the Clerk Contractor Registration Clerk College of Paraguay, to the effect that it has validity and effectiveness as a support material, must first be signed (signature and seal) by the Court of Appeal in Civil and Commercial Law. Duty.

4.5. Understanding on appeal on the resources of complaints against Notaries Public

COJ Article 32. - know Appellate Courts:

a) Of the funds granted against appealable final judgments and rulings of the Judges of First Instance.

last part of Article 149 of the Code of Judicial Organization, therefore, provides that the Clerk record holder, will procedurally the right to appeal to the Court concerned.

4.6. Receiving the legal documents in case of vacancy

5.1. Addressing the complaints against Notaries Public

COJ Article 149 .- Any complaint about the actions of the Notaries, Notary Registration will be brought to the attention of the Judge of First Instance in Civil or Commercial Matters, in turn, as appropriate, who will hear the person concerned and the Clerk, and settled briefly in court verbal, with the right to appeal before the Court concerned.

5.2. Protocols to be closed

COJ Article 148 .- Where there is a vacancy of a Registry, the Judge in Civil or Commercial Matters of Time, as the case may proceed in the day to close the protocols, recording the number of scripts that contain, when the last one had been granted and the number of folios of the Protocols, signing the record with the Secretary and the seal of the court applying.

5.3. Notarial documents refer to the respective Court

is the duty of the judges of First Instance in Civil and Commercial recepcionado notarial documents, submit fully to the Court of Appeal in Civil and Commercial Duty, or the judicial district concerned.

5.4. Sign in deeds, in case of refusal of the owner of the auctioned

In legal writings , where there is no, silence or failure to load to grant judicial deed of sale, in lieu of the owner, whose good was auctioned and awarded to the highest bidder, by express provision of Article 493 of the Civil Procedure Code states: The deed is issued by the Clerk to appoint a judge to order the performer . If the debtor fails to appear, the judge will sign the deed to his name.