Inaug.-Diss.--Marburg. / Lebenslauf. "Literaturverzeichnis": 3d p. l.

"Literatur": p. (v)--vii.

Since 1994, when the North American Free Trade Agreement (NAFTA) began functioning as a mechanism that aims to reduce trade barriers between Canada, the United States, and Mexico, it has become apparent that the differences and formalities inherent in the Member Countries' legal and notarial systems constitute significant obstacles to trading, particularly in terms of the rendering of services. This paper seeks to elucidate the difficulties that Member Countries commonly face when they attempt to apply foreign notarial documents to their own legal system, to discuss the requirements for the notaries to render services in the NAFTA territory, and to propose modifications that the notarial function must adopt in order to adapt to the technological and cybernetic tendencies that the modern world demands.

No description available.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1967. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Univ., Diss.--Kiel, 2003.

Zugl.: Tübingen, Universiẗat, Diss., 2005.

Made available in DSpace on 2016-04-26T20:25:24Z (GMT). No. of bitstreams: 1 Ana L O N Arruda.pdf: 1013467 bytes, checksum: baffa76c60468b41292c7b810336a0a1 (MD5) Previous issue date: 2007-04-26 / In the study developed in the present work, the aim was the approach of the various juridical aspects related with the notary, concluding at last for the inexistence of the labor succession by the person approved in the public context witch is an original administrative act. The particularities of the system juridical in which these notaries are based, mix public and private law principles and are not compatible with the application of the articles 10 and 448 of Consolidation of Labor Law. Finally, it is important to say that the focus of this work is not the already well known labor succession, normally discussed in books or courses based on the same theme, but a new and singular approach for a new and singular juridical reality of the notaries / No estudo desenvolvido para elaboração do presente trabalho, visou-se a abordagem de diversos aspectos jurídicos que envolvem o tema afeto aos cartórios extrajudiciais, pretendo se assim demonstrar, ao final, a inexistência de sucessão trabalhista quando da investidura de um novo titular através de concurso público, ato administrativo de caráter originário. As peculiaridades do regime jurídico em que se encontram esses centros de prestação de serviços públicos mesclam preceitos atinentes ao direito público e privado e, por isso, são incompatíveis com a aplicação dos artigos 10 e 448 da Consolidação das Leis do Trabalho. Por fim, é importante salientar que o foco do estudo não é a já amplamente conhecida sucessão trabalhista tradicionalmente tratada nos manuais, cursos e demais trabalhos doutrinários que se referem ao tema. Pretende-se aqui uma abordagem nova e singular para uma realidade jurídica igualmente singular, qual seja, a dos cartórios extrajudiciais

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-10-05T12:15:00Z No. of bitstreams: 1 Ruy Veridiano Patu Rebello-Pinho.pdf: 1247599 bytes, checksum: c44c5bdfc39b4b689b84b1dd0766568e (MD5) / Made available in DSpace on 2018-10-05T12:15:00Z (GMT). No. of bitstreams: 1 Ruy Veridiano Patu Rebello-Pinho.pdf: 1247599 bytes, checksum: c44c5bdfc39b4b689b84b1dd0766568e (MD5) Previous issue date: 2018-08-31 / The purpose of this dissertation is to emphasize the existence of the duty of legal independence of the registrar and the notary, who are responsible of a legal function constitutionally decentralized by the Charter of 1988 and disciplined by Law 8935/94, the Law of Notaries and Registrars. Independence is not a state of the person, but takes place contemporaneously in an argumentative intersubjective process of cooperative order. This mechanism of decentralization of powers and competences outside the structure of the State, gives an independent legal professional a bundle of legal responsibilities to be exercised through an administrative and technical organization, so that along legal independence, that all legal profession implies, goes the management and administration of its resources under private law. Every legal function must be accountable to the society and to be supervised; by law, the inspection and technical standardization of the services is attributed to the Judiciary. In order to concentrate the finite judicial powers in its nuclear activity, the Judiciary has an important role in ensuring the legal independence of the registrar and the notary as legal duties to society / O objetivo desta dissertação é sublinhar a existência do dever de independência jurídica do registrador e do notário, que exercem função jurídica descentralizada constitucionalmente pela Carta de 1988 e disciplinada pela Lei 8935/94, a Lei dos Notários e dos Registradores. Independência que não é um estado da pessoa, mas que ocorre, na contemporaneidade, em um processo intersubjetivo argumentativo de ordem cooperativa. Esse mecanismo de descentralização de poderes e competências para fora da estrutura do Estado, atribui a um profissional do Direito independente um feixe de responsabilidades jurídicas a serem exercidas por meio de uma organização administrativa e técnica, de modo que ao lado da independência jurídica, que toda profissão jurídica implica, se encontra a gestão e administração de seus recursos em regime de direito privado. Toda função jurídica deve prestar contas à sociedade e ser fiscalizada; por lei, a fiscalização e a uniformização técnica das serventias é de atribuição do Poder Judiciário. A fim de concentrar as energias judiciárias, que são finitas, em sua atividade nuclear, o Poder Judiciário tem importante atuação no sentido de garantir a independência jurídica do registrador e do notário como deveres jurídicos para com a sociedade

From at least the twelfth century, amid the growth of commerce, towns, and universities, notaries charged with the writing of various administrative documents formed an increasingly important professional group in the Italian communes and, later, across the whole northwestern Mediterranean. A large quantity of sources from the late medieval period were written by notaries, including notarial registers, court records, and other administrative books. Unlike modern administrative records, medieval counterparts surprise us with poems that look like contracts, images that have nominal functions, prayers interspersed with the text of the official record, and musical imagery that allows us to compare notaries to musicians. What do these marginalia betray about the meaning of contractual text and the notaries as their producers?“Minds and Margins: Notarial Culture in Bologna, ca. 1250-1350” is the first interdisciplinary study of notarial registers examining how notarial acts were brought together with poems, prayers, images, and music as they were entered into the registers’ pages by the notaries themselves. It demonstrates that to understand the contents of a quantitatively important source of medieval economic, social, legal, and political history—records written by notaries—we must not only take into account the social and legal-institutional contexts of their production, but also the cultural and religious worlds that shaped the registers and the minds of their makers, the notaries. “Minds and Margins” thus explores how notaries absorbed cultural modes of thought and practice and applied them to their administrative work. Examining poetry, images, music, and prayers in notarial registers—evidence that is not only physically located on the margins, but that has also been marginalized by previous scholars—I argue that notaries were both accountable officials and creators of an ideal urban order, using their culture to define contractual and institutional relationships. Bologna is at the center of this research because of its wealth of surviving notarial records and its university functioning as medieval Europe’s leading institution for the study of law. Moreover, the density and variety of archival records in Bologna provides the opportunity to draw out the connections notaries forged between the marginalia and their profession. Chapter 1, “Medicine and Literature in Salatiele’s Ars notarie,” treats notaries’ formation and shows how Salatiele (d. 1280), a Bolognese notary and jurist who maintained a school for notaries, relied on Galenic medical theory and Ovidian verses to theorize notarial instruments and notaries’ professional roles. I argue that Galen and Ovid allowed Salatiele to conceptualize the intellectual underpinnings of commercialization and monetization as ordering principles of the common good. Chapters 2 through 5 observe notaries at work to demonstrate how they used different cultural media to shape documentary principles and practices. Chapter 2, “Trustworthy Lovers,” examines poems notaries entered into the registers of the Memoriali, a Bolognese office that collected all notarial contracts involving sums of 20 lire. The two textual genres, poems and contracts, contain parallels in their formal and thematic frameworks. I argue that the poems are media by which notaries established for their colleagues and the public their own trustworthiness and ability to write truthfully. Chapter 3, “Signing with Religious Imagery,” examines signs that are analogous to monstrances and other religious objects notaries drew as part of signatures. I argue that in using images of devotional objects as signature signs, notaries were staking a claim to be creators of a quasi-sacred urban order. In Chapter 4, “The Music of Instruments,” I examine how the experience of music shaped notaries’ perceptions of contracts and their professional self-images. Liturgical chant may have inspired notaries’ reading practices, influencing their manner of reading instruments aloud to the contracting parties. From there, I turn to a broader question of the relationship between musical instruments and notarial instruments. The musical portrait of Zachetus de Viola can be seen as relating his musical skill to his reputation not only as a musician but also as a notary. While the teacher of notarial arts, Salatiele, turned to Galen and Ovid, former students drew on music and musical instruments as models for the social harmony they saw themselves constructing with notarial “instruments,” the technical term used for contracts. “Contracts,” “court records,” and “registers” are familiar legal terms. “Minds and Margins” argues that to medieval notaries, they could also mean musical instruments or poems—sometimes both at once. By examining the margins of notarial registers, we discover that the contracts, court records, and texts of other notarial acts at the center of today’s state archives in fact took shape out of a much broader cultural context. In this sense, “Minds and Margins” contributes to our understanding of historical margins as places that shaped the center—urban administrations, contractual and institutional relationships—in unexpected ways. The present research urges us to reconsider contractual and administrative principles—too hastily accepted by previous scholars as predecessors of their modern counterparts—through the lens of the minds of those who shaped them, medieval people.