With origin in Latin notarĭus, the word notary describes the civil servant who has the authorization to control and serve as a witness against the holding of contracts, wills and other extrajudicial acts. The notary, therefore, grants public character to private documents by means of his firm.
For instance: “We have to find a notary to sign the deed”, “Gabriel was not satisfied with the notary’s actions since he did not clearly explain the clauses of the contract”, “They cannot complain, since the notary has attested to everything signed”.
What the notary does is function as a guarantee because it confirms the legality of the documents that it controls, since it is a jurist authorized by the law to grant guarantees to acts that arise in the field of private right.
When we talk about a notary, we also have to make clear the four types of documents that the same can make:
Ratification. It is the action through which said professional certifies that it is true and true whether it is a writing, an act or a word.
Testimony. This term comes to define the full transcription that is made of a record.
Notarial certification is the relationship you make about a fact or act as well as the establishment that a specific document absolutely coincides with an original.
Certified copy. As its name indicates, this term defines the complete or partial copy that is carried out of an act or of any other type of writing.
It should be noted that notaries are also dedicated to advising the population on issues related to public acts, wills and inheritances and to guarding documents. Unlike the lawyers (who defend the interests of their clients), notaries are obliged to maintain neutrality.
It should also be mentioned that the notary may not be a public official, since this matter depends on the legal system of each country. The function of the notary, in any case, is always public, even when he exercises his activity autonomously. Writings authorized by a notary, on the other hand, always have legal validity recognized by the State.
In the case of Spain, any person who wishes to become a notary has to comply with a series of requirements such as possessing Spanish nationality or of a country of the European Union, be at least 23 years old, not be incapacitated or disqualified to perform the duties. functions corresponding to this job position and be in possession of the title of Law Degree or Doctorate.
Likewise, in that nation it must be emphasized that any notary has a double consideration. And it is that in some cases it is considered as if it were a civil servant, since for example it accesses the position through an opposition competition, and in others as a self-employed worker. In this last aspect, it must be established that it is classified as such in terms of Social Security or sick leave.
In some countries, like Argentina and Uruguay, the notarial work is performed by a professional known as Public notary. The notary and the notary, therefore, fulfill the same functions.