PROTOCOL
INSTRUMENTS PUBLIC MANAGEMENT PROTOCOL. CONCEPT :
is the organization of writing books matrices taken in numerical order and progressive formed with them an annual record. Must contain the records of all documents in the originally cleared and moving sheets. It should open the first of January each year and close on December 31, disabling his signature blank folios, shall immediately notify the Supreme Court date, number and content of the last performance.
HISTORICAL ORIGIN:
had its origins in ancient Rome, where there were statements of birth and extended inventory Tabeliones goods and were servants in charge of issuing written documents at the request of the parties, in the presence of these witnesses and signed by the parties, witnesses and themselves, the tabeliones exercised his ministry in public and from here they were given the name of public personae, forensic and written extended by them, the public instruments.
In the twelfth century Tabeliones tabularios and appear confused in a single class, under the common designation of notaries. In Spain the Royal Charter states that Notaries should be appointed in all cities, appointment from the King in the number necessary.
The games contain a fairly comprehensive regulatory Notaries and thorough.
SECRET PROTOCOL PROTOCOL LIMITS AND EXCEPTIONS RESERVED:
is absurd because the instruments are Public . In Article 145 of Act 879 states that protocols must be kept in reserve and it is not possible for any person to report them, but those interested in one or more writes, the Bar, successors or their representatives may be imposed content in the presence of Scribe.
may be inspected one or more scripts in the order of a competent judge to order comparisons, handwriting recognition, signature comparison and other relevant events. This is what is known as Secret of the Protocol, the meanings mentioned.
Exceptions:
Probate Scriptures are excepted because in their lives they may only be displayed, is what is known as a protocol reserved.
The notary is obliged not only to the secrecy of its contents, but must maintain the confidentiality of the news and the simple existence.
the Register of Wills, was created by Law No. 105/90 does not contradict the preceding provision, as no sign the will. In the technical provision Registry No. 7, implements the Register of Wills requires: name, address, nationality and identity, and although the provision does not say you must register also kind of testament, Authorizing Clerk (whether by public act) or intervener (if closed) and the date thereof. During the probate proceedings, the judge shall act as the registry, if the deceased did or will. If so, cite the notary to the effect of its presentation.
contradocumento The secret of law is undermined by entry in the document unchanged. There is a time when the secret protocol ceases to be such, for delivery to the file that frees the protocol authorizing secret, but in no way releases you from what surrounds the writing, that is explained by the parties at the preliminary hearings and even the later because many times the parties explain certain circumstances, situations, and others after its issuance.
words, unless stakeholders and those who are legitimately justified, the notary should not provide any information about licensed businesses in the protocol nor exhibit .
The law 1682/2001 regulates the private information qualifies as public sources of information, free to all the data sitting in the public records.
who says that "the papers, records, notes, minutes that are filed in the notary and have been intervening elements to the performance of the act, must be covered by professional secrecy. "
attorney's obligation of secrecy regarding extends to all acts that are committed in the exercise and because of his profession, even if not specifically asked the secret and while not leading to a definitive deed or recorded it or not in the document.
secrecy refers to the total performance of the notary, considering not like that person but as a notary, even if your personality influence your profession. In that sense, Section 111 inc. "C" of Act 879 requires the notary professional secrecy and require the same behavior to their partners.
formation and maintenance: The Protocol to the loose-leaf form, must contain the records of all written documents . Clerks record sent in the first two months of the year, closed protocols to the General Archive of Power.
INDICES:
The final index, ordered by the Section 111 inc g ) whose content is not specified therein, constitutes the last part of the protocol.
Policy Decision No. 7 / 1984, states: the existence of a book index, which will be annual, alphabetical hardcover. Have 33 cm. Long and 21.5 cm. Folio 150 useful width of 15 numbered screeds every page. Each letter corresponds to 5 sheets, each page divided into columns to cross: giving, date of writing, nature and purpose of the act or contract, folio, division and section of the protocol.
protocol file
Scribes sent within the first two months to the General Archive, protocols closed with Except for the last three years remaining in his possession. Justices of the Peace should be submitted each year when they notarial functions.
This provision of Article 251 of Law 879 in its second part provides that "makes it clear that the Judicial Archives of the recipient body the notarial. Moreover, Article concerned provide that the General Archive is composed of the notarial records formed with the writings and records by the Records Clerks.
The Protocols will be received by the Head of file, after review of their status, stating the number of pages and observe special circumstances and if any irregularity or infringement found the tax laws, will report this to the competent authority.
The file will be organized in order of placing with separate offices, records and notarial records. The chief directed.
RECONSTRUCTION OF PROTOCOL:
reconstruction of documents, in case of loss or damage of originals can be replacement or renovation.
the Civil Code about the Article 387: "When you have destroyed or disappeared Public Instruments original and whether there were any authorized copies of them, the judge may order, subpoena and audience of stakeholders and input from the Attorney General, that the copy is stored in the protocol of a registration clerk of the original instrument. "
Protocol If the book was lost and is sought by either party to redo the copy that is presented, the judge may order your citation and heard the interested parties provided that the copy was not shabby either deleted or rather suspect in that case could not be read clearly.
The replacement is to rebuild or reconstruct a public instrument original in case of loss or destruction of it from an existing copy duly authorized. The replacement is accomplished by adding to the protocol of a registration clerk a copy of the original instrument, so that later could serve as original, ie matrix. It is reasonable to interpret that the mere aggregation is not sufficient, but must record the configuration copy that exists, so that it replace the original array as instrument.
THE replacement is the course of three conditions:
1 - the matrix or protocol had been destroyed or disappeared.
2 - That is mandated court and public prosecution.
3 - that a copy to be added to a protocol.
REBUILT LEGAL VALUE OF DOCUMENT:
legal validity must ultimately come from the Law . The renewed copy has the same value as the original Article 146 of the 879, which provides: If the protocol book was lost and is sought by either party a new trial the copy is presented, the judge may order your summons and hearing from interested parties provided that the copy was not deleted rather shabby either suspect, or in such a state that could not read clearly. This replacement copy in Article 387 of the CC protocol gives the same value as the original instrument.
COMPUTER FILE UNDER . BACKGROUND. LEGAL VALUE:
registration techniques used was originally encompassed verbatim the document. Registrable document or simply copying files. Without judicial review or rating with very limited powers of registrar. This technique still have records French, Belgian and Italian.
Recorder with broad powers to the classification, determined by extract the essential circumstances which have title and registration entry form, within the legal framework .
Background: This system is used in Germany, Switzerland, Austria, Spain, Mexico and Peru. This technique was slowly making its way through our records to remember the Supreme Court in chronological order he mentioned:
- The
- Powers and Ships Logs (Agreed 41/1985)
- Sale with the simultaneous formation of mortgages (Agreed 84/1986)
- Public Registry of Commerce (Agreed 111/1987)
- All other Acts (Agreed 112/1987)
The Agreed 117/1987, introduced as the Folio Real technical inscribed in our country:
This is an implementation of Agreed Agreed 68/1997:
1 - This folio in electronic content is what is known as e-folio, which we have covered for example in the Horizontal Property Section.
2 - The facsimile copies of the sheet can be used as certifications in order to achieve the display of the seats so that there is advertising material and formal at the same time and prevent involuntary leakage or fraudulent forcing the notary to make the interpretation of folio and releasing the registration of such liability.
3 - There is also another form of file and the microfilm that can serve as backup documentation.
In that sense, the 15 Agreed December 1986, was established in the Directorate of Public Records Act, the section entitled "Microfilm and Index System" that incorporates the records the progress of technology to the durability of the Notes. It is important to save for posterity the documentation that the paper can no longer endure over the years.
IT is essential to the functioning of a modern record:
- To store, organize and masses of data, impossible for the human mind.
- Make conclusions that intelligence can be accessed very slowly or you are unable to do so.
- Establish inter-net cyber connection without the need for travel.
- Give accurate information, no leaks.
Its legal value must ultimately come to regard the law reduces the photocopy, recognized equal to that of the copy (Section 123 of Act 879 and 375 inc. H) of the CC and the real folio technique and microfilm, implanted for granted. In the notarial records only legally permitted paper.
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