An ordered society depends on a function that independently guarantees that documents are authentic, valid and, above all, that they faithfully reflect the will of the parties involved.
Under the Estado Novo, Portuguese notaries went from independent professionals to civil servants; in 2005 the profession was restored to its original nature in Portugal.
The notary today is at once a public officer, conferring authenticity on documents and ensuring that they are archived, and an independent professional acting impartially and by the free choice of those who instruct them — the public and private sides of the notarial function being inseparable.
The notary ensures the prevention of disputes, and certainty and security in the making of contracts.
The notary does not merely apply the law: they devise new solutions and contractual arrangements to suit the needs of those who seek their help.
“La mas noble función de un escritor es dar testimonio, como acta notarial y como fiel cronista, del tiempo que le ha tocado vivir.”
Camilo José Cela
The notarial function reflects the past, present and future life of a society.
The Notary's Decalogue
- Honour your profession.
- Refrain, if the slightest doubt clouds the transparency of your conduct.
- Revere the truth.
- Act with prudence.
- Study with passion.
- Advise with loyalty.
- Take equity as your guide.
- Hold fast to the truth.
- Practise your profession with dignity.
- Remember that your mission is to prevent disputes between people.
Approved by acclamation at the plenary session of the VIII International Congress of the Latin Notariat, held in October 1965, written by the then notary of Guayaquil, Dr Jorge Jara Grau.
