PROTOCOL
Protocol. Evolution:
Historically people who wished to take it through instruments were quite private, without any intervention or control groups, passing the documentation from hand to hand. The only way to prove legal acts carried out, was with his own documentation, which was preserved and retained by the parties. We can say that at first the value of the security of transactions was virtually nonexistent.
Orelle, the protocol states that, historically, had a field quite limited, as only consisting of synthetic notes that placed the clerk at the top of "the letter", then was signed and sealed by the notary and delivered to the intervener.
protocol later expanded its range, and was established in a summary of business conducted by the parties, which was drafted by a notary, the original was delivered to respondents. Later, it became an instrument that was signed by the parties thereto, by the clerk and a number of particular witness. And last time and placed at a later stage, the notary must give a copy to the contracting parties, the original filing and noting the record or file which had happened.
According to the antecedent is that of the pragmatics of Alcalá, issued on June 7, 1503, by Queen Elizabeth, who later became a Law to , title XLII, Book X of the newest collection. Prior to that pragmatic, there is precedent in the Royal Charter, which prescribed that should be retained in the first entries that we conducted the scribes, custody and not display them to anyone. Under the regime of the items also had been sent that notaries take a special book where they could record all written to send in different people for more shelter.
CONCEPT
The protocol derives from the Latin word protocollum, which in turn comes from protokollom Greek word which means: protos: first Kollon: pasting However, we note that the closest literal translation is "first sheet glued or glued" Gattari.
Emeritus González said that the Protocol is the ordered set of original instruments and other documents that a notary or clerk, authorized and custody with certain formalities.
The protocol is the set of books consisting of pages numbered and sealed, in which the notary acts to establish and authorize the scriptures and records which were granted to their faith and their respective appendices, as well as log books matches with appendices.
Protocol: The numbered log book, signed or sealed which bears the notary or clerk, as the official name in every country in the court affidavit.
Protocol Classes:
1) Single Protocol:
This system is developed in those territorial boundaries in which the notary has one and the same protocol . All deeds, without distinction, must be passed in these pages. There is no division by any character.
Article 101 The notaries and notary publics are custodians of public trust attorney and notary perform their duties as owner of a registered attorney in the Department Geographic Demarcation it belongs attorney registration. In the Central Department, the geographical boundary within which the registrants may act legitimately, will also cover the capital of the Republic, also the record holders of the Capital of the Republic may exercise their functions within the geographic demarcation Central Department ..
Notwithstanding the preceding article, the registrants must be the seat of their offices in the district for which he was awarded the respective registration and be reflected in all the scriptures be accorded slip out of its registration, under pain of suspension of one month in the performance of their duties.
2) Multiple Protocol:
is one that is divided in any systematic way. The local laws of each country and allow, in certain territorial limits, that the protocol is separated, usually in two-to the effects of having one for certain acts and a different one, for specific situations.
is divided into two divisions: civil and commercial. Each is divided into sections "A" and "B". The JOC Section 120 provides in this respect:
notarial Section 120 The Protocol is divided into civil and commercial. Each is divided in turn into two individual sections with the letters "A" and "B". Formalized scripts in each of the sections are numbered progressively from the number one at the beginning of each year.
Folios Purchase Protocol:
folios acquisition is made by a notary. The same is done in the College of Notaries that owns the clerk, according to their territory. The provision of protocol pages is instantaneous, and thereby the Chamber of Notaries charge a preset fee for each folio.
Clerks folios acquire its protocol of the College of Clerk of Paraguay. (Lucia Di Martino)
Category:
is the process by which the stamp or stamps printed legends on all sheets of the protocol.
protocol sheets in each division and section will foliate, expressed in letters and figures the number of order established in Article 131 of the COJ. The foliatura is performed outside the notary seal.
The pages must be initialed by the President of the Court of Appeal in Civil and commercial.
The capital will be initialed by the President of the Court of Appeal in Civil and Commercial of the day and in the interior, by the Chief Justice d Appeal of the respective judicial district or by the Trial Judge in Criminal.
Article 131. "The registry will foliate folio, letters and e expressed in figures the number of matches they pray."
Conservation and integrity of the Protocol:
The notary public has the duty to preserve the protocol in good condition at all times under their care. L Includes notary's obligation to maintain the integrity of protocol.
The provision of Article 251 of the COJ second part makes it clear that the Judicial Branch General File receiving body of notarial records.
The Archives contains the notarial records formed with the writings and records formalized in a protocol Scribes Records, and judicial records as paralyzed as finalized items in Courts and Tribunals.
Stock Chief is responsible for review of the state prior receipt of the protocol, stating he number of its pages and special circumstances are apparent. You should report to the competent authority the finding of any irregularity or violation of tax laws.
general indices must be separated by deeds and records. The indices of the scriptures state the names of the parties thereto and, when the scriptures, its objects, name and surname of the Scribes and office.
Other Responsibilities to the Protocol:
Storage: It is inherent to the legal mandate conservation . Implies the duty of attorney to protect and control the protocol. Its origin derives from the obligation that existed in Roman law, the call of duty in watching.
The clerk is required to store and keep all the pages of protocol, signed and unsigned, as well as all documentation to be attached to it, and therefore an integral part of it.
also implies that the notary can not, in principle, remove it from the clerk.
The notion of protocol, the overall idea of \u200b\u200bpermanence and immutability, its strict guard by the notary, Compliance becomes indefeasible for the maintenance of legal certainty.
Opening Protocol:
is a note inserted in the first clerk folio of the year. Some commentators consider it a notarial act, while another sector encompasses it note on the concept of protocol.
The notary must proceed with the opening of its protocol in two divisions and four sections, with minutes of opening on 1 January each year.
The opening act is built in the first folio of each division and section, ie at page 1 which is the number of sealed or terminated protocol sheet 1. Subsequently extending the deed from Number 1 folio 2 corresponding to the number 2 sheet finish.
closing Note:
is a note of completion. The same should be done by the notary record holder in the protocol, the last day of the year, ie 31 December.
protocol ends on the last day of the year, with a note indicating how sheet was written, the number of deeds and names contained acting clerks and office. As for the pages left over, ie those which have been purchased by the clerk, and remain on target to December 31 of each year must be closed book and signature line and notary section holder.
attorney in the doctrine states that the specific purpose of the closing note, the protocol is formally closed, to prevent scripts that can be added once the calendar year.
Foliatura:
The foliatura, is a process performed by the notary, and of placing in the top of the flat , the folio number of each sheet of the protocol.
This procedure must be run from the first purchase of each year, placing number one on the first page and on. Thereafter, each time you purchase protocol, while continuing with the numbering.
The foliatura and heading are mandatory. Non-compliance constitutes an irregularity in the way of bringing the Notarial Registry, which is grounds for suspension of the exercise of the profession, if it finds there.
Letterhead:
Also called "heading" is the title given writing, under the act contains. It should include the full name of parties. Physically, embraces the subject of the deed in question.
Numbering of Scripture involves putting a number to each write the time of writing beginning with the one with the first writing of the year and so on.
Annexation Instruments:
instruments are added to the protocol can be public or private. The notary has the authority to annex to the protocol different instruments, either by rule of law, as requested by the parties or by decision of the clerk himself.
Display Protocol:
The protocol is reserved and while in the possession of the notary. This is who has custody, and who has the duty of confidentiality.
Reconstruction Protocol:
reconstruction of documents, in case of loss or original impairment can be reset or renewal. If the protocol book was lost and is sought by either party to redo the copy that is presented, the judge may order your summons and hearing from interested parties provided that the copy was not worn deleted and instead suspect or in this case could not be read clearly.
This process involves replacing the sheet of protocol by some of the above reasons, no longer exists. Physically consists of placing a copy or testimony in the protocol, through proper judicial order.
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