HISTORY OF NOTARIES SINCE ANTIQUITY

Historical Background
The oldest figure similar to the notary was probably the Egyptian scribe, who drafted
the documents of the State and sometimes also those of individuals. These writings only had
verify if they carried the seal of a priest or a magistrate of similar rank.
Since ancient times, scribes have played an important role in the organization of
societies. In Egypt, Israel, Greece, and Rome, the foundations of professional work were formed.
of the current notaries. Their oldest predecessors were the Egyptian and Hebrew scribes,
alongside the Argentines of Athens, whose only intervention was limited to the act of writing,
lacking the ability to authenticate. The Greeks held scribes in high regard,
performing this function with known good faith individuals.

HISTORY OF NOTARIES IN EGYPT

In the earliest times, among private law businesses, we see a document

guaranteed by an official closing seal, later we find a document without
seal, but guaranteed against subsequent additions or falsifications by compliance with
a rigid form and the signature of the notary and two witnesses, and in the last centuries there existed
The files and records constituted another protection against those alterations.
The Scribe was, in principle, a kind of delegate for contracts. The priest, due to his
the quality of public official, was the true notary. The document authorized by the
the writing lacked authenticity on its own, turning to the magistrate when it wanted to be clothed in
that character. The magistrate stamped the seal, whereby the private instrument became
in public.

In ancient Egyptian history, two types of documents were known, the 'domestic' and the one for
"writer and witness," the first between 3100 and 177 BC, and the second in 1573 and 712 BC.

The 'homemade' document:

A person simply incurred an obligation to 'do', as it almost always was the case.
transfer of ownership of an object, which was done with three witnesses and the signature of a
hierarchical official.

The document 'of the scribe and witness':

It was a declaration of a person, signed by the scribe and in such a way that it was almost
impossible for him to alter the papyrus on which the Egyptians recorded the act.

Egyptian culture has been little studied in recent times, however, there are significant
background, which warrants making a history of notarial law from those times, that is,
it constitutes the venue to record that this stage is really very important in the
study of notarial law.

In Egyptian culture, there was a precursor to current notaries public, which were
they were dedicated to drafting contracts, and these characters were known by the name of
Agoranomos

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 HISTORY OF NOTARIES AMONG THE HEBREWS

In the Hebrew village, there were several classes of 'scribae' or scribes, who practiced the faith.
public, although they did not lend it from their own authority, but from the one that stemmed from the person of
whoever he wrote depended on, and they are:
Del Rey
From the Law
Of the People
From the State

The scribe among the Hebrews has the role of a teacher and interpreter of the law. As a teacher of
the Mosaic law had both a religious mission as well as that of public officials.
Several authors agree that the first scribe was Ezra.
For the Hebrews, the knowledge of the art of writing that any of the parties possessed
contractors, was sufficient reason for the agreement to be drafted and formalized. But if the
contractors were unaware, which was the most common, that art, then they were obliged to
to request the intervention of the official or public servant, called clerk or notary,
intended for such purposes.

The Scribes did not lend on their own authority, but by the authority that emanated from the person of whom
the scribe depended; but as it seems they were used for their calligraphic knowledge, they
he believes that these scribes were not notaries, but copyists.

Classes of Scribes:
Del Rey: they kept records and testified to the acts and decisions of the King.
From the Law: they belonged to the priestly class and testified to the biblical books that
they preserved, reproduced, and interpreted. Their mission was to interpret the legal texts with all
purity and fidelity, always in an orthodox sense, reading them before the people;
they formulated the law contained in those texts and applied it to practical cases. These
They used to advise the lay judges who presided over the minor courts.
Of the People: they drafted private contracts appropriately, they were more similar to the
current notaries, but their mere intervention did not grant legality to the act, as to achieve this,
it was necessary to have the seal of the hierarchical superior. They were considered more practical and more
knowledgeable of the law and customs, they offered their ministry to the citizens who needed it
they required, drafting the agreements between individuals, such as marriages, sales,
leases, etc.
From the State: they were state scribes and their functions were like those of secretaries of the council.
State and collaborators of the state justice tribunals. They performed the functions of secretary.
And Secretaries of the Council of State, of the courts, and of all public establishments.
These officials only had the right to place the public seal on the
laws, the judgments of the courts, and the acts of individuals who had the need to
acquire the necessary authenticity to be executed.

HISTORY OF THE NOTARIATE IN GREECE

In Greece, private rights lacked uniformity, and simple consent was

sufficient for the validity and effectiveness of contracts. But, and despite this, the danger of its
loss and the risks of bad faith from the contractors created the custom of extending them for
written (on clay tablets, leather scrolls or papyrus), seal them and deposit them. This

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habit led, insensibly, to the development of an institution that closely resembles the
modern notary, composed of individuals to whom the parties of private contracts
they requested that they be drafted, authenticated, and kept in custody.
Likewise, the officials responsible for drafting the contracts were public officials or notaries.
responsible for drafting citizens' documents, the notaries were assumed.
directly the cash register function.

The LOGOGRAPHERS (from logo: word, and grapho: to record, to write) made the speeches and
pleadings before the courts; they also wrote all the documents and data that were required of them.
the public requested. The notarial function prevailed over the registrar, unlike what
what happened in Rome, the notaries directly assumed the registration function, both for
the contracts entered into between private individuals, as well as for international conventions.
There were public officials in charge of drafting the citizens' documents, these
public officials were the notaries, who had different denominations, which
they were: Apographers or Singraphos, and the so-called Mnemon or Promnemon, all these names
they were related to the writing function or to the remembrance and record of the facts that it
required.

The Singraphos or Apógraphos: they were considered true notaries, whose main function
the function consisted of keeping a public record. These subjects were very common in the city
from Athens, in which no contract was granted unless it was registered in the Public Registry
led by them. Each tribe had two of them, who were more confined to the
family or lineage and enjoyed great consideration and honors.

The Mnemon, Promnemon: also known as Sympromnemon, were considered

like the representatives of the Greek precedents of the notary; since they were responsible for
formalize and register public dealings and private agreements and contracts.

HISTORY AND FUNCTION OF THE NOTARIATE IN ROME

In Rome, the authors mention a long list of agents who in one way or another led
carried out activities related to those that are typical of the notary of our days. From this
means include the:
The scribe: The main function of this character was to safeguard documents. In addition,
was at the service of the praetor in the drafting of decrees and resolutions.
The notary: He was a kind of technician whose task was to receive the verbal statements of
third parties and to put them in writing quickly. Today we would call it shorthand.
The tabularius: This agent was primarily tasked with compiling the lists.
impositions among the Romans. Furthermore, these officials were responsible for the reception of the
birth declarations and everything related to the civil status of the Romans, many
Individuals entrusted them with the deposit of wills and contracts.
The notary: This was a technician in legal matters, whose function and activity were purely
private, not officially linked to the State: drafting documents, all relations with the
specific activity of the Romans, and even, in some cases, provide legal advice.

These functions were limited to the drafting of writings and documents (wills, contracts,
demands, etc.). The notary is the one who can be considered with the greatest accuracy as the
the principal predecessor of the notary. The infraction or sanction for the absence of the scrivener in the square
(it is the place where the notary performed his function) it was the loss of the right to occupy that position,

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and their immediate replacement by another person under their charge and in the place of the notary, was one of their
assistants. The notary could delegate some of his tasks to assistants (who were called
ministers)

Preparation of the Document

Stages:
First: Initium: the parties present themselves to request the notary's intervention in a
specific act, for which he prepares a brief report on the will of the parties.
Second: It relates to contract completion or instruction; it is the task of transferring the content of the
sheet, but writing the content of the document in detail.
Third: the notary authorizes the document by imposing his signature and the absolution, act
in which the gesture of handing over the document to its recipient is made.
Through the insinuation, it is sought that the document be elevated to the condition of
public instrument, before the magistrate requesting the
"insinuation" and the subsequent registration of the document.

HISTORY OF NOTARIES IN THE MIDDLE AGES

The term Middle Ages is used to refer to the historical period between the fall of
Western Roman Empire, in the year 476, a time that stood out for the triumph of
Christianity about the Muslim religion, and for the development of feudalism in Europe.
The dissolution of the Roman Empire definitely caused a setback in the evolution of
the Notarial Institution, largely due to the fact that barbaric civilization had almost no
progress in the order of legal ideas; on the contrary, what happens is that the institutions
existing legalities in Rome begin to be repeated and applied incorrectly, which
acted as a direct cause for a stagnation to occur at the beginning of this period
from the Notarial Institution. Later in the Middle Ages, there begins to be a resurgence
of Notarial Law in general, taking as starting points the foundations of the institution
that had already been created, on one hand, and on the other hand, the union of the Germanic barbarians and the
civilized Romans in a single society, so that at the beginning of the 9th century, Carlo
Magno (nominal king of the Lombards) legislates in the "Capitularies" about notarial activity.
establishing the notarial instrument, with the evidentiary value of a sentence
executed, later the Lombards embrace the Carolingian legislation in the development of the
notary activity.

Well into the Middle Ages, Feudalism appeared as a socio-political system

economic, due to which some specific facts take on a special hue to the
notarized of this time, as is the fact that feudal lords attribute to themselves the domain
directly from all lands, and the thought that all their vassals owe them faithful obedience,
being obligated to those gentlemen, to a series of benefits.
Being the fact that due to the same mentality that everything belonged to the Feudal lord, he
intervenes through your delegates, in all acts and contracts that are celebrated in the
scope of his fief, which causes the emergence of the 'feudal notary', whose main purpose is
to preserve the rights of the feudal lord and not to serve the interests of the other grantors;
likewise, during this time the 'ecclesiastical notary' also appears, who is not limited to the
matters of the church but increasingly intervenes in temporal affairs, until the
Pope Innocent III prohibited it in the year 1231, in the Middle Ages as is well known.
the development of commerce, navigation, banking, and societies began to emerge
mercantile etc., situations that needed to be properly regulated, a demand that caused

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inevitably a development in the law of the time, which was carried out through the
amendment of existing legislation through the creation of legal institutions
new; by virtue of which the notarial institution logically also evolved and was the subject
of more precise regulation.
At the end of the Middle Ages, all the laws of the various countries come together for consolidation.
of the notarial function as such, as well as elevating the figure of the notary to that of an official
public. As a public official, the notary issues documents of an authentic nature for
become his authority of public power, which corresponds to the notary that has been created in the shadows
of the various sovereignties since the Middle Ages that is linked to nationalities with
the Middle Ages.

HISTORY OF NOTARIES IN SPAIN - AMERICA

The Spanish invaders preserved, among other Roman legal institutions, that of the
notaries, which existed since the time of the Roman conquest. The Code of Laws,
known as the Fuero Juzgo, refers to two types of clerks: those of the King and the communal ones
of the people. The Spanish notary system was influenced by the notarial school founded in 1828,
at the University of Bologna (Italy) by Ranieri Di Perugia, and especially, from its most prominent figure
Rolandino Passaggeri, author of a notarial form called Summa Artis Notariae. The
famous French law enacted in the Windy month of year 11 (March 16, 1803) influences
decisively in the notarial laws of Spain, and of Spanish America and establishes in lines
the current Latin notarial regime. The Spanish invaders preserved
certain Roman legal institutions, in addition, the Spanish notariat received the influence of the
Notarial School founded in 1228 at the University of Bologna.
The notaries are the legal institution that was preserved and used in Spain.
existed since the Roman conquest in Spain in such a way that the laws of the fuero juzgo were
used by two classes of scribes such as: those of the King and the communal ones of the town, in
In the years 1828 and 1228, notarial schools were founded in Bologna, Italy, which were of
influence in notarial law as well as in the notarial laws of Spain and America
Spanish influence is directly affected by the French law enacted in 1803, which is what
they establish the current Latin notarial regime in such a way that the notary is considered as
a public function that emerged at the end of the Middle Ages and the beginning of the Renaissance due to
what in Spain the Provincial privileges gave social life to the legal content of
what the legal systems established regarding the duties of the notary, establishing their
own legal framework in which it is established how education should be in order to be
notary who was to receive lessons from another notary who was incorporating in his teachings the
related to the notary and public official in which Fernando II the Saint and his son intervened
Alfonso, the Wise for the legislative work in the notarial organization as mentioned in the
they initially participated in organizing the notaries of the royal and public service in
Spain.

The Notariat in America

When Christopher Columbus discovered America, he brought Rodrigo de Escobedo in his crew.
who was a notary. The arrival of Escobedo personifies the transplantation of the notary institution
from Spain to America. "The origins of American legislation must be sought in the
Castilian laws of that time. However, a special legislation was enacted for America.
known as the Laws of the Indies, in which notaries were required to have an academic degree
as a scrivener and to pass an exam before the Royal Audience, the use of abbreviations was prohibited for them,
the writing of amounts was done in letters and it was required to draft the document with meticulousness,

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using, necessarily stamped paper. Spain constitutes a rather important precedent.
for Peruvian law and this occurs even in notarial law, therefore, in the present
We will study it to understand this important topic in a more thorough way, such as the
background of Peruvian notarial law. In Spain, the function of the first was distinguished
judges with the function of notaries, noting that the judges ruled in the processes
judicials, while notaries were hired to prevent such processes
mentioned.

HISTORY OF THE NOTARIAT IN GUATEMALA

The history of Notarization in Guatemala is one of the oldest in Central America,

It possibly has its origins from the time of the Quiches, based on historical vestiges that
are written in the Popol Vuh. In the colonial era we find the first
notarial practices carried out by the then 'scribes', it was in 1524 when the
First Cabildo in the City of Santiago de los Caballeros of Guatemala, in which it was drafted
the first Act written by the town clerk Don Alonso de Reguera. There were others
scribes called "Public Notaries", who were different from the "Cabildo Notary". The
the differences between both were:
a. The Town Clerk did not act as a Public Notary
b. There was only one Town Clerk, in case of absence another one had to be appointed.
c. The appointment, reception, and admission of the public notary were carried out by the Cabildo.
while the Town Clerk was appointed by the Governor

Due to the fact that the practice of notary in Guatemala is older, it is also the most
rigorous in terms of its legislation. After independence, until the dissolution of the
Federal Republic of Central America, the Spanish laws and the Laws of the Indies remained in force.
regarding notary, among which two decrees issued by the ASSEMBLY can be mentioned
NATIONAL CONSTITUENT OF THE CENTRAL AMERICAN PROVINCES.

The first of the decrees issued on August 9, 1823, considered that 'the
aptitude and social virtues are the only qualities that should be sought for the
the performance of trades and public positions prohibited that the Supreme Executive Power
demand pecuniary services upon dispatching notary titles.

The second decree issued on January 20, 1825, established two classes of depositaries.
of public faith: THE NATIONAL SCRIBES: whose appointment would be made by
the Supreme Government of the Republic (Federal) and the SCRIBES OF THE
STATES, whose appointment corresponded to the particular governments of each one.

Background
Possibly the first vestiges of written history are found in the Popol Vuh,
also known by the names of Chichicastenango Manuscripts, Quiche Bible and the
Sacred Book, a demonstration that we have a very valuable cultural heritage.

Colonial Era
In the Colonial Era, with the founding of the city of Santiago de Guatemala and in the Meeting of
The first Cabildo that took place on July 27, 1524, the first record was drafted, acting
as first scrivener Alonso de Reguera. The appointment, reception, and admission of
Public notary, it was done by the Cabildo. The work of the public notary was based on the

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contracts and judicial proceedings, the registration of lawyers and notaries was established in the
Legislative Decree No. 81 of December 23, 1851, which assigned its organization to the
Supreme Court of Justice.

Notary after the Liberal Reform

The Notary Law was created during the Liberal Reform period (1877) along with the Civil Code, to
of Civil Procedures and the General Law of Public Instruction.

Justo Rufino Barrios, who practiced notary before the Revolution, also issued the Decree
No. 271 dated February 20, 1882, which contained the Notary Law. This law defined
notarization as 'the institution in which the laws place public trust, for guarantee,
security and perpetual consistency...

Other important reforms included the elimination of the notarial sign (Decree No. 271) for a
seal with the name and surname of the notary, which was registered in the Secretariat of the Interior.
It was regulated that notaries were not the owners of the protocols but depositaries, regarding the remittance.
of protocols to the general file, the replacement of it and protocolation was allowed between
others.

The decree of 08/25/1916 ordered notaries to bind the volumes of their protocols.
Decree of 18/06/1917, regulated matters related to the authentications of signatures before notaries.

The Legislative Decree of 12/29/1929 abolished the bond to practice the profession of notary and
it prohibited the possibility of arguing nullity for acts executed by notaries that had not...
fulfilling that requirement since March 11 of the same year.

During the government of Jorge Ubico, a new Notary Law was issued, contained in the
Legislative Decree No. 2154, which was extensive and detailed.

In 1940, by Legislative Decree No. 2437 dated April 13, regulated the examinations of
notarial practice.

The notary after the revolution of 1944

With the revolution of October 20, 1944, the Constitution of the Republic enshrines
As constitutional law, the autonomy of the university is established along with official collegiation.
mandatory for the practice of all university professions. The bar association of
Guatemala, also composed of all the notaries in the country, is established on the 10th of
November 1947.

The new Congress of the Republic undertakes a arduous legislative work and in a span
relatively short, decrees laws of great importance for national life. Among these, we
I would like to highlight two that are indissolubly linked to our work: The Code of
Notary Public and the Law of Mandatory Official Registration for the Practice of Professions
University students.

The referenced Code was issued by the Congress of the Republic on November 30
1946, sanctioned on December 10, 1946, and came into effect on January 1, 1947.