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Dialogue between legal systems in Puerto Rico on the theme “Notary and/or Attorney?”

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Dialogue between legal systems in Puerto Rico on the theme “Notary and/or Attorney?”

09/12/2024

After London, the second Dialogue between legal systems organized by the UINL and the Notarial Chamber of Puerto Rico, took place in San Juan, Puerto Rico on December 5, on the theme: "Notary or Attorney? Competing or complementary roles in non-contentious matters. The added value of notarial involvement”.

The aim of this day of dialogue was to:

- Compare the role of notary and attorney, in non-contentious matters, in common law and civil law countries. French notary Thierry Vachon and English notary Suzanne Marriott gave a comparative and practical overview of their role in their respective legal systems, in matters of succession. On the subject of real estate transactions, Italian notary Elisa Puglielli and American lawyer David Willig highlighted the positive impact of notaries on legal certainty of public deeds and registers. German notary Philip Bender then highlighted the benefits of notarial intervention in terms of behavioral economics, and Puerto Rican Professor Annie Rivera Cruz showed that notaries play a key role in proving property rights after natural disasters, as illustrated in the aftermath of hurricanes Irma and Maria in Puerto Rico.

The conclusive summary by world-renowned Professors Peter Murray (Harvard Law School) and Rolf Stürner (University of Freiburg, Germany) highlighted the added value of notarial intervention, for the State, citizens and the economy in general.

- Analyze the status of the notary. The second part of the dialogue was devoted to a comparative analysis of the professions of notary, judge and attorney.

In some countries, notaries can also be attorneys. Civil law notaries participating in the afternoon round table (Not. Lorena Flores from Guatemala, Not. David Martinez Colon from Puerto Rico, Not. Jens Bormann from Germany, Not. Cristina Armella from Argentina) questioned the compatibility of this accumulation of functions with the fundamental principles of the notarial profession, such as public function, independence and impartiality. Notaries share these fundamental principles with the judge (as pointed out by Judge Sigfrido Steidel from Puerto Rico), which bring them closer to the function of “out-of-court magistrate” than attorneys.

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