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109-503: The AR was founded in 1925 under the name Acción Política ("Political Action") by Manuel Azaña and José Giral . Political Action became a political party in 1930 under the name Republican Action. The party was anticlerical , and supported decentralization , agrarian reform and military reform . As a member of the Republican Alliance ( Spanish : Alianza Republicana ), the AR was

218-410: A iusta causa , that is, sufficient legal consideration ( causa ). This presumption stems from the fact that a notary is expected to verify the facts, assertions, or events mentioned in his act, thereby assuming liability for and giving warrant to its contents. A successfully improbated instrument is null and set aside. Nowadays, a public-form instrument is prepared first as an unexecuted original called

327-418: A judicial clerk for 2 years and pass the second legal practice exam ( zweite juristische Staatsprüfung ). In addition, dual-practice notaries ( Anwaltsnotar ) must have 5 years standing as a practicing attorney/solicitor and pass a competitive notarial practice exam ( notarielle Fachprüfung ) before being admitted as notaries. Single-practice notaries ( Nur-Notar ), on the other hand, must article for 3 years as

436-399: A minute (Fr minute , It minuta , Sp matriz , Du minuut , Ger Urschrift ). The minute is archived in the draftsman notary's protocol (Fr protocole , It protocollo , Sp protocolo , Ger Urkundenrolle ). The instrument's particulars—appearer, fees, subject matter, witnesses, date, and so forth—are noted or minuted in a register or logbook. From the minute the notary extends

545-758: A presumption of regularity attaches to the instrument, meaning all prescribed formalities have been carried out, including the reading over of the instrument. Second, a notarial instrument is self-authenticating and probative, i.e., it constitutes full proof of the agreement it contains, as against the parties, their heirs, and successors. It also means the notary's firsthand ( de visu et auditu suis sensibus ) narrations of fact are conclusively presumed true and correct, whereas secondhand narrations (appearers' representations) are merely assertio notarii which are rebuttably presumed valid. While all notarial instruments are official documents, they are not all necessarily public; most instruments are in public form , meaning an original

654-679: A private limited company ( GmbH ) must be notarially executed pursuant to s. 15(3) of the Private Limited Companies Act (GmbHG) . Contracts requiring notarial execution can be drafted by the executing notary, the parties, or by an attorney/solicitor. Every Indonesian notary ( Indonesian : notaris , a professional directly copied from Dutch practice, is a member of the Indonesian Society of Notaries ( Ikatan Notaris Indonesia , INI) and are very similar to his or her Dutch counterpart. However, agrarian reforms starting with

763-402: A Dutch notary will instruct and call on the services of other legal practitioners. However, under no circumstances may a notary represent clients in court. Apart from advising, a notary also draws, executes, and retains instruments either by statute or at the parties' request. Under Dutch law, a notarially executed instrument is probative as of the data certa ( vaste datum ) and subscription of

872-410: A broad spectrum of private law including family law , estate and testamentary law, conveyancing and property law , the law of agency , and contract and company law. Student notaries must complete a long apprenticeship or articled clerkship as a trainee notary and usually spend some years as a junior associate in a notarial firm before working as a partner or opening a private practice. Any such practice

981-437: A challenger must bring a collateral attack against the instrument, proving a willful material error by strong, clear, and positively convincing proof, rather than the ordinary preponderance of evidence standard in civil actions. Legally, a successful challenge must overcome the praesumptio iustae causa which attaches to a notarial instrument, the result of which is that said instrument is presumed to have been made or formed with

1090-562: A coalition of left-wing parties, including his own Acción Republicana and the Socialists (PSOE), while Alcalá-Zamora became President of the Republic. Azaña pursued some of the major reforms anticipated by the republican program. He introduced work accident insurance, reduced the size of the Spanish Army , and removed some monarchist officers. He also moved to reduce the power and influence of

1199-533: A fixed effective or signature date ( data certa ) that cannot be ante- or postdated, or left blank and filled in after signing. Notarial instruments cannot be altered or overridden by prior or subsequent instruments under hand (e.g., simple contracts). In other words, for example, a notarial will could not be amended or superseded by a non-notarial codicil or will. They also estop (preclude) an appearer as contract denier from raising most affirmative defenses as to enforceability, including: (1) non est factum , (2)

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1308-555: A full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law , or the law of evidence , somewhat comparable to solicitor training in certain common-law countries. Civil-law notaries are limited to areas of private law, that is, domestic law which regulates

1417-430: A fully engrossed execution copy, known as an engrossment (Fr/Du grosse , It rogito , Sp testimonio , copia autorizada , Ger Ausfertigung ), which is self-executing since it contains not only the material terms but also solemn and statutory notarial wording and, in some jurisdictions, enacting clauses like those found on court orders. It is also the only copy that has fresh signatures and seals on it. The engrossed copy

1526-425: A high degree of authority and are considered probative instruments ( acte authentique ), received as firsthand and primary evidence in court, and thereby accorded high evidentiary value and executory force, and deemed to be proof of their contents. A notarial instrument also fixes the date at which its parties are bound without prior delivery and acceptance (as opposed to a deed or contract under common law) and

1635-551: A lofty form of liberalism, he had a mixed record as prime minister. He wanted to introduce a welfare state with minimum-wage, sickness benefits and paid holidays, but he never attempted to deal with the overwhelming problem of peasant poverty. He was so concerned to balance the budget that he cut back on land redistribution. He worked more effectively to establish a secular state, breaking the Catholic church’s hold on education, legalizing civil marriage, seizing Catholic properties, expelling

1744-478: A monopoly on marital agreements, marital property systems, estate administration, and conveyancing (realty sales, mortgages, etc.). They are also experts in the law of property with exclusive access to France's M.I.N. database which contains all property transfer and conveyance information. This gives notaries a singular advantage in gauging the property market, thus allowing them to appraise property, conduct transactions, and handle taxes and financing. In France, when

1853-428: A notarial act is passed before one notary subscribing, it is said to be ordinaire , or in simple form, and when before two notaries with the second attesting, then it is solennel , or in solemn form. Acts may be drawn up in public or private form, said en minute and en brevet respectively. When drawn in private form, the single executed original is issued to the client, and its particulars are logged in

1962-477: A notarial instrument must be signed contemporaneously ( uno contextu ) by the appearer (s) (parties to the instrument), sometimes in the presence of attesting witnesses, before the notary who also signs and officiates the signing ceremony. Notarial instruments, if prima facie duly executed, are: Traditionally, notarial instruments trigger a præsumptio veritatis et solemnitatis entailing two consequences—regularity and probativity. First, being an official act,

2071-545: A notary versus 4,800 practicing dually as an attorney-notary. Notaries maintain independent private practices. Single-practice notaries practice as a notary sole ( Einzelnotar ) or in a 2-person partnership ( Zweier-Sozietät ), whereas attorney-notaries structure themselves into law firms of varying size. German notaries prepare instruments according to federal statutory guidelines and advise appearers on their legal obligations and consequences. A notary's statutory duties are: The notary affixes his official seal ( Dienstsiegel ) to

2180-515: A notary. As such, notaries are among the most highly trained professionals in Italy and are held in high regard both professionally and socially. After the training is done a notary usually opens a law office ( studio notarile ) in the practice area designated by the State. After one year they are allowed to open a second office in the same area. The law mandates a minimum of three half days to be allocated at

2289-437: A past client lose their copy or need further copies, by law, said person may only receive exemplifications ( expédition , now termed copie authentique ) of the act. Notaries also issue detailed or summary abstracts of acts ( extrait authentique ) and make notarial certified copies ( copie collationnée ) of documents not in their custody. All French notaries are jointly and severally liable for professional errors in

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2398-731: A praetorian refurbishment of the country. Azaña followed instead the examples of the French Enlightenment and the Third French Republic , and took a political quest for democracy in the 1920s while defending the notion of homeland as the "democratic equality of all citizens towards the law" that made him embrace republicanism . After the Proclamation of the Second Spanish Republic in April 1931, Azaña became Minister of War of

2507-410: A private and highly specialised lawyer. Thus, although they hold a private practice, depending on the role they professionally exercise they may be acting as public officers (for instance, when working with governmental agencies and departments, or when certifying notarial instruments in a court of law) or as private practitioners (for instance, when paying their own staff's taxes and salaries, or assuming

2616-459: A public body funded by the notaries themselves, which also manages their pensions upon retirement. In order to be admitted as a notary in Italy a candidate must pass a public exam open to all Italian citizens who: The public exam is composed of two parts, a written and an oral portion. The written portion consists of drafting three full notarial instruments ( atto notarile ), justifying the choices made in those instruments ( spiegazione ), and

2725-418: A public officer, notaries are duty-bound to act impartially and to advise all parties to an act which the parties wish or are required to endow with authenticity. Notaries have a monopoly on marital property systems, estate administration, and conveyancing (realty sales, mortgages, etc.) and give legal advices regarding noncontentious matters. Studies In Spain , a notario is both a civil servant and

2834-623: A regional notaries council ( conseil des notaires ) which acts very much like a common-law college of notaries by providing continuing education and other support services to notaries; they also take disciplinary action against notary misconduct including dismissal, removal from office, and revoking a notary's license to practice. The regional councils are governed and headed by the National Council of Notaries ( Conseil supérieur du notariat ) which conducts surprise inspections, provides research, outlook, and public relations services, and acts as

2943-688: A signatory of the Pact of San Sebastián to overthrow the monarchy of Alfonso XIII and was later involved in the construction and consolidation of the Second Spanish Republic . It was a member of the provisional government which governed Spain after the King fled in April 1931. The party's left-wing faction, led by Marcelino Domingo split off from the party to form the Radical Socialist Republican Party in 1931. The party won 30 seats in

3052-640: A special graduate clerking degree ( diplôme de premier clerc ). Law graduates must then earn a 1-year master's degree in law (MCL) ( master 1 en droit ) and either continue in a university law school or enroll at a notary institute ( centre de formation professionnelle notariale ) to earn a second graduate degree in notarial law for which specializations exist, including: conflict of laws, advanced tax law, overseas territories, EU law, struggling businesses, company law, intellectual property, farm tenancy and agri-business, city planning and environmental law , and estate planning. There are 2 postgraduate options:

3161-463: A theoretical part about the topics covered in the exam ( parte teorica ). The three tests are about the three most important areas of expertise of a notary: law of succession ( mortis causa ), contract law ( inter vivos ) and company law ( diritto commerciale ). If a candidate achieves a sufficient score on the written test, he or she is admitted to the oral exam during which other subjects such as tax law are evaluated. A national score report

3270-461: A trainee notary ( Notarassessor ). German notaries are appointed by authority of their state justice minister, draft notarial instruments ( notarielle Urkunde ) and retain them of record in their protocol ( Urkundenrolle ), and provide independent and impartial advice to all interested parties ( Beteiligte ). A notary's instruments are valid nationwide. The mode of practice depends on the state, but in all, 1,700 German notaries practice exclusively as

3379-610: A university track ( voie universitaire ) and a vocational track ( voie professionnelle ). Formerly, there was a non-degree option involving a lengthy apprenticeship. In addition, notaries' clerks with a minimum of 9 years of in-office experience, with 6 of those spent as a junior clerk, as well as judges and attorneys/solicitors of 6 years standing, may become a notary by passing a professional exam. Notaries are also required to attend regular continuing education courses and seminars. In France, notarial instruments, whether in public ( en minute ) or private form ( en brevet ), have

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3488-466: A week. During this period Barcelona fell to the Nationalists . On January 30 Negrín visited the president and offered to have an aircraft ready to take Azaña to France, should immediate evacuation be necessary. The president declined the proposal, fearing that Negrín would rather forcibly take Azana to the central zone, Valencia or Madrid. Some time at the end of January, early February (the exact day

3597-528: Is a highly specialized lawyer in private practice appointed as a public officer that takes part in the administration of justice. A notary is also a legal adviser. The mission of notaries, in their capacity as a public officer, is to execute acts which the parties wish or are required to endow with the authenticity attaching to acts of public authority, to provide such acts with a fixed date, and to keep all acts executed en minute in their notarial records and issue copies of or extracts from them. In their role as

3706-509: Is deemed firsthand proof of an instrument and considered the original, whereas the engrossment is not. The minute is, therefore, the authenticum , or original instrument of writing, as distinguished from the self-executing copy, or instrumentum . A notarial instrument's “valid” portions are open to direct rebuttal, but the “conclusive” portions can, in some jurisdictions, only be rebutted by an action of improbation (Fr inscription de faux , It querela di falso , Germ Fälschungsklage ) in which

3815-707: Is divided into at least three pay grades, as well as legal secretaries, trainee notaries ( notaire stagiaire ), and accountants. In smaller offices, succession clerks are kept separate since their work differs significantly from other practice areas; in larger firms, clerks are separated into divisions by specialization. While most clerks are caseworkers, some work as costing specialists or formalities clerks. Secretaries oftentimes go on to pursue clerking. Notaries and notaries' clerks—a form of paralegal —earn undergraduate law degrees ( diplôme de notariat de 1 cycle ) from an accredited notarial law school ( école de notariat ). Managing clerks ( principal clerc ) must obtain

3924-575: Is donated, whenever a company changes its bylaws, or whenever relevant property (such as automobiles) is donated. Notarial instruments are legally binding, publicly available, and accorded full faith and credit for any claim until improbated ( pubblica fede fino a prova di falso ). The conclusive presumption of validity and regularity and public availability are the two main aspects of the notarial instrument as opposed to legal instruments drafted by attorneys or instruments drafted and signed by non-lawyers. Every Dutch civil law notary ( Dutch : notaris )

4033-625: Is issued directly to the appearer(s). However, appearers are generally only entitled to one engrossment, so any other copy issued thereafter is a notarial exemplified copy which does not contain the appearers' fresh signatures and lacks the formalities of the engrossment; exemplified copies (Fr expédition , It copia conforme , Sp copia certificada , copia simple , Du uitgift , authentiek afschrift , Ger beglaubigte Abschrift ) are therefore only for reference purposes. Certain types of instruments are passed in private form , that is, only one copy—the original—is made and issued to

4142-523: Is limited to drafting, authenticating, and registering certain types of transactional or legal instruments. In some countries, such as the Netherlands , France , Italy , or Québec (Canada) among others, they also retain and keep a minute copy of their instruments—in the form of memoranda —in notarial protocols , or archives. Notaries generally hold undergraduate degrees in civil law and graduate degrees in notarial law . Notarial law involves expertise in

4251-454: Is materially unfeasible. And the blood unjustly spilled by the hatred that seeks to exterminate will be reborn, sprouting and giving accursed fruits; a curse that will not be restricted, unfortunately, to those who spilled the blood, but which will be over the very country which—to compound its misfortune—absorbed it. During the many years of his political activity, Azaña kept diaries. His work Diarios completos: monarquía, república, Guerra Civil

4360-546: Is part of the Royal Society of Notaries ( Koninklijke Notariële Beroepsorganisatie (KNB, lit.   ' Royal Professional Organization of Notaries ' , formerly the Royal Fraternity of Notaries ( Koninklijke Notariële Broederschap ) until 1 October 1997) and occupy a special position relative to other legal practitioners such as attorneys, court bailiffs, and tax advisors. This is apparent first and foremost from

4469-401: Is published afterwards, and notaries admitted to practice are appointed to a certain practice area (city, rural area) based on their choices and their performance on the exam. After receiving their seal of office, which is the symbol of the profession and legitimizes the instruments they sign, a notary has to complete a final 6 months of training under a qualified notary. Given the difficulty of

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4578-439: Is retained in publica custodia by the notary in his or her protocol or recorded with a public registry, but some are in private form , that is, a single original is issued directly to the appearer(s). In either case, the appearer always walks away with an instrument that is self-executing, that is, it requires no further implementing action to be effective and enforceable, just like a court order. Finally, notarial instruments have

4687-657: Is unclear, January 31 at the earliest, February 2 at the latest) the president left Peralada and moved some 20 km north-west, to Agullana . It was a village in the Pyrennees, some 4 km from the French frontier, located by a secondary drive and away from main roads, which were crammed with refugees trying to flee Barcelona and Catalonia. Agullana was at the time was also hosting the staff of general Rojo. The president spent one night there. The following day, probably either on February 2 or February 3, Azaña left Agullana and drove some 5 km up

4796-448: Is usually tightly regulated, and most countries parcel out areas into notarial districts with a set number of notary positions. This has the effect of making notarial appointments very limited. As a lawyer, a civil-law notary draws up and executes legal instruments called notarial instruments (Fr acte notarié , Sp instrumento notarial , It atto notarile , Du notariële akte , Ger notarielle Urkunde , Notariatsurkunde ). To be valid,

4905-685: The data certa ( date certaine ) of the act's execution so as to safeguard against third party claims. To be rebutted or challenged, a notarial act must be subjected to a rescissory action called an improbation action ( inscription de faux ) to prove the act contains errors or has been maliciously altered, interlineated, edited, or falsified. Notaries engage in a wide variety of legal activities ranging from contract drafting and legal advising—primarily in company, family, and property law. Roughly 50% of French notarial business involves real estate conveyancing, leasing, and construction. Domestic affairs, e.g., adoptions, marital agreements, divorces, and

5014-692: The Organización Republicana Gallega Autónoma (ORGA) of Santiago Casares Quiroga . On 5 October 1934, the PSOE and Communists attempted a general left-wing rebellion. The rebellion had a temporary success in Asturias and Barcelona , but was over in two weeks. Azaña was in Barcelona that day, and the Lerroux-CEDA government tried to implicate him. He was arrested and charged with complicity in

5123-575: The 1931 election and soon became, despite its small size, an integral part of governments until 1933 notably under its leader Manuel Azaña . After the defeat of the left in the 1933 election , during which the AR won only 10 seats, it merged with the Autonomous Galician Republican Organization (ORGA) and Domingo's Radical Socialist Republican Party in 1934 to form the Republican Left ( Izquierda Republicana ). The AR

5232-678: The Austrian Civil Code , divide notarial instruments into three types: A French civil-law notary, or notaire , is a highly specialized lawyer in private practice appointed as a public officer by the justice minister . The profession began admitting women in 1948, and by the start of 2008 women numbered 2,104 and accounted for 24.2% of all notaries. A notarial office ( étude ) usually includes ancillary staff like notaries' clerks ( clerc de notaire ) of different kinds, e.g., junior ( clerc employé ), specialist ( clerc technicien ), and supervisory clerks ( clerc cadre ). Each level

5341-516: The National Land Agency  [ id ] (in comparison, civil law notaries are appointed by the Ministry of Law and Human Rights ), however most notaries often have dual-status as conveyancers. Notaries in Italy are professionals working in private-practice and paid on a fee-for-service basis, or, should they not earn enough money, by the national Notarial Trust ( Cassa del Notariato ),

5450-594: The Reformist Republican Party led by Melquíades Álvarez . He collaborated in the production of various newspapers, such as El Imparcial and El Sol . He also joined the Freemasons . During World War I, he covered operations on the Western Front for various newspapers. His treatment was very sympathetic to the French, and he may have been sponsored by French military intelligence. Afterwards he edited

5559-520: The Spanish Republican flag . The coffin was covered instead with the flag of Mexico . In his diaries and memoirs, on which he worked meticulously, Azaña vividly describes the various personality and ideological conflicts between himself and various Republican leaders, such as Largo Caballero and Negrín. Azaña's writings during the Civil War have been resources for study by scholars of the workings of

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5668-505: The "Tribunal of Constitutional Guarantees" (the Republic's "Supreme Court") followed this pattern. Thus Azaña came into conflict with both the right and far left. He called a vote of confidence , but two-thirds of the Cortes abstained, and Alcalá-Zamora ordered Azaña's resignation on 8 September 1933. New elections were held on 19 November 1933. These elections were won by the right-wing Confederación Española de Derechas Autónomas (CEDA) and

5777-408: The 1999 Act did not make substantial changes to the profession. While Dutch notaries are public officers and their instruments are public instruments, they are not government employees and instead act as independent private practitioners. The new law makes it easier for notaries’ clerks to set up a practice and gives notaries more freedom in determining their fees for services. The Act has provided for

5886-445: The CNT erupted in bloody violence at Casas Viejas (now Benalup ) and Alt Llobregat . Violence against protesters also occurred against non CNT-affiliated workers during Castilblanco and Arnedo events . Meanwhile, Azaña's extreme anti-clerical program alienated many moderates. In local elections held in early 1933, most of the seats went to conservative and centrist parties. Elections to

5995-403: The French frontier. It turned out that the premises, supposed to host Azaña, were unsuitable; they spent the night in a randomly selected and hastily prepared house in a park. The following day, on January 22, some members of Azaña’s family left to France. The president proceeded to the coastal town of Caldetas (now Caldes d’Estrac), some 4 km away, where in another makeshift premises he spent

6104-527: The Jesuit order, and tolerating the burning of church buildings such as convents for nuns. "All the convents in Spain are not worth a single Republican life," he proclaimed. As opposition mounted, he censored the press, exiled his enemies to North Africa, and formed a private militia force of Assault Guards. Meanwhile, his allies the anarchists were assassinating priests and nuns, and burning convents. Azaña tried to reform

6213-461: The Nationalists on February 9), fleeing north to France. What should have been a drive of a few minutes turned into a slightly longer journey. The leading police car broke down and blocked the narrow, winding, mountainous road. All the passengers had to leave their cars and proceed on foot, struggling on what proved a slippery, iced surface. The party encountered French gendarmes sometime after dawn. On 3 March, Manuel Azana resigned as President of

6322-621: The Nationalists on January 28), and following a drive of some 90-km, in the evening hours they reached the castle in Peralada , some 120 km from Barcelona, only 15 km from the French frontier; the Pyrenees were clearly visible from their new premises. It was in Peralada that contact with the government, representatives of the Cortes, the Republican military and foreign envoys, was re-established. Castillo de Peralada remained Azaña’s residence for around

6431-533: The PSOE and Communists. This alarmed conservatives, who remembered their attempt to seize power only 17 months earlier. The Azaña government proclaimed an immediate amnesty for all prisoners from the rebellion, which increased conservative concerns. Socialists and Communists were appointed to important positions in the Assault Guard and Civil Guard. Also, with the Popular Front victory, radicalized peasants led by

6540-535: The Provisional Government and enacted military reform , looking to develop a modern armed forces with fewer army officers. He later became Prime Minister in October 1931. The Spanish Civil War broke out while he was President of Spain . With the defeat of the Republic in 1939, he fled to France, resigned from office, and died in exile only a year later at age 60. Born into a wealthy family, Manuel Azaña Díaz

6649-403: The Republic was well underway, but nothing definite had been planned. Then on 13 July, José Calvo Sotelo , leader of a small monarchist grouping in the Cortes, was arrested and murdered by a mixed group of Socialist gunmen and Assault Guards. Azaña and Quiroga did not act effectively against the killers. On 17 July, right-wing, Falangist, and monarchist elements in the Republican army proclaimed

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6758-774: The Republic, rather than return to Madrid with the rest of the government. Both Nationalist and Republican commentators have condemned this decision as "desertion". Azaña lived in exile in France for more than a year after the war, eventually being trapped by the invasion of France by Germany and institution of the Vichy regime . Even then, his safety was ensured due to the intervention of the Mexican government, which had refused to extend diplomatic recognition to Franco's regime (Mexico would not resume relations with Spain until 1977, two years after Franco's death). To prevent his arrest and extradition, Azaña

6867-498: The Republican government during the conflict. Along with his extensive memoirs and diaries, Azaña also wrote a number of well-known speeches. His speech on 18 July 1938 is one of the best known in which he implores his fellow Spaniards to seek reconciliation after the fighting ends and emphasizes the need for "Peace, Pity, and Pardon." Azaña wrote a play during the Civil War, La velada en Benicarló ("Vigil in Benicarló"). Having worked on

6976-465: The Republicans, between late 1937 and early 1938 it was undergoing preparation works to host the head of state. The place was some 30 km away from Barcelona and some 80 km from the French frontier. Already on January 13, 1939 general Saravia advised the president to leave the place given rapid advance of Nationalist troops, the suggestion repeated by Negrin on January 17. On January 19 Saravia insisted

7085-547: The Roman Catholic Church, abolishing Church-operated schools and charities, and greatly expanding state-operated secular schools. He defended these measures by saying "Do not tell me that this is contrary to freedom. It is a matter of public health". The Spanish legislature, the Cortes , also enacted an agrarian reform program, under which large private landholdings ( latifundia ) were to be confiscated and distributed among

7194-506: The Socialists began seizing land on 25 March. Azaña chose to legitimize these actions rather than challenge them. Radical Socialists vied with Communists in calling for violent revolution and forcible suppression of the Right. Political assassinations by Communists, Socialists, and anarchosyndicalists were frequent, as were retaliations by increasingly radicalized conservatives. Azaña insisted that

7303-547: The Soviet Union, which claimed it in payment for arms supplied to the Republic. In 1938, Azaña moved to Barcelona with the rest of the Republican government, and was cut off there when the monarchist forces drove to the sea between Barcelona and Valencia . Since February 1938 Azaña resided in La Barata, an isolated mansion at the outskirts of Matadepera near Terrassa . Built by Lliga politician Francesc Salvans , killed by

7412-441: The appearer while the draftsman notary does not retain a copy. Private-form instruments are usually unilateral, have short-term legal effect, and do not benefit third parties, such as certificates of good standing, powers of attorney, certificates of dishonor, statutory declarations, verifications of fact, rent and pay receipts, and pension and annuity arrears documents. Additionally, some jurisdictions, especially those influenced by

7521-405: The army , by replacing outmoded equipment and closing its military academy. In the process he demoted its most promising general—young Francisco Franco. Azaña was defeated in the elections of November 1933, having antagonized extremists and alienated the moderates. He made a comeback in 1936 but could not hold his coalition together in the face of a civil war. In recent decades he has become a hero of

7630-405: The centrist Radical Republican Party . Radical leader Alejandro Lerroux became prime minister. Azaña temporarily withdrew from politics and returned to literary activity. Azaña's self-imposed political retreat lasted only a short while; in 1934 he founded the Republican Left party, the fusion of Acción Republicana with the Radical Socialist Republican Party , led by Marcelino Domingo , and

7739-476: The contents do not correctly express the appearers' intentions, and (3) defenses against formation (e.g., ultra vires , lack of capacity, improper execution, etc.). One thing that distinguishes a civil-law notary's instruments from those of a common lawyer is the fact that, under common law legal systems , drafts and non-identical copies are considered separate documents, while under civil law public documents may be proved by secondary evidence. An unexecuted minute

7848-634: The danger to the Republic was from the Right and on 11 March, the government suppressed the Falange . Azaña was a man of very strong convictions. Stanley G. Payne tentatively described him as "the last great figure of traditional Castilian arrogance in the history of Spain ." As a "middle class republican", he was implacably hostile to the monarchy and the Church. The CEDA, which was pro-Catholic, he therefore regarded as illegitimate, and also any and all monarchists, even those who supported parliamentary democracy. In

7957-419: The dictatorship of Primo de Rivera , Azaña published a stirring manifesto against the dictator and King Alfonso XIII in 1924. In 1930, he was a signatory of the " Pact of San Sebastián ", which united all the republican and regionalist parties in Spain against Primo de Rivera and the King. On 12 April 1931, republican candidates swept the municipal elections. This was seen as repudiation of Primo de Rivera and

8066-532: The establishment of an external committee of experts; if notary's clerks submit a sound business plan to the committee, they have a greater chance to be approved to set up their own practice. Greater freedom in the fees a notary can charge implies that the Royal Society of Notaries no longer fixes fees or prescribes rates. Since July 2003 notaries have been free to establish their own fees. Maximum rate caps fixed by authorities now apply only to family law services in certain circumstances. A Quebec notary, or notaire ,

8175-474: The fact that notaries are public officers appointed for life by the Crown and provide regulated legal services. As a qualified lawyer, a notary takes on clients, is paid on a fee-for-service basis. Life appointment is designed to safeguard the independence needed by notaries to discharge their functions. Notaries are independent and disinterested. Unlike attorneys or legal advisors, a notary does not represent or act in

8284-477: The first two years. In addition, Azaña did little to reform the taxation system to shift the burden of government onto the wealthy. Also, the government continued to support the owners of industry against wildcat strikes or attempted takeovers by militant workers, especially the anarcho-syndicalists of the Confederación Nacional del Trabajo (National Confederation of Labour or CNT). Confrontation with

8393-400: The following one or two nights, while remainder of his belongings were being fetched from La Barata. During these few days he was almost entirely isolated, with little to no contact either with the government or the military command; at the same time, the evacuation of Barcelona had commenced. The presidential column departed north from Caldetas on January 23 or 24 (the city would be seized by

8502-588: The instrument and binds it with thin cords ( Verbindung , Heftung ). If the instrument is prima facie duly executed, courts will enforce it, presume it valid and regular, and admit it as evidence to prove the truth of its contents. In Germany, notaries are very important in day-to-day business. For example, any real estate sales contract (§ 311(b), German Civil Code ), articles of association , alimony or child support agreement, or contract concerning succession ( pactum successorium ) must be in notarial form. Likewise, any share purchase or asset transfer agreement of

8611-553: The instrument's probativity. And under Dutch law, for instruments to be self-executing they must be drawn up as public instruments, which is why any instrument drafted by a common-law lawyer, which is never public, is not self-executing in the Netherlands. The new Notaries Act ( Wet op het Notarisambt ), commenced in October 1999 (156 years after the original act), reinforces the official position of notaries, but also expands on and adds to their traditional services. The consolidation of

8720-465: The interest of any one party. Instead, under the Dutch legal system, notaries are required to act impartially on behalf of all parties to a contract or transaction. For example, when real property is conveyed, notaries act for both the seller and buyer, also as an escrow agent. They are subject to legal professional privilege and are therefore duty-bound not to betray client confidentiality, thereby giving them

8829-572: The last President of the Republic (1936–1939). He was the most prominent leader of the Republican cause during the Spanish Civil War of 1936–1939. A published author in the 1910s, he stood out in the pro-Allies camp during World War I. He was sharply critical towards the Generation of '98 , the reimagination of the Spanish Middle Ages, Imperial Spain and the 20th century yearnings for

8938-490: The left in Spain. Civil law notary Civil-law notaries , or Latin notaries , are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public , their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing

9047-416: The like, as well as estate planning account for another 26%. Preparing notarial acts for private parties, informing parties as to the scope of their contractual obligations, ensuring that the instrument or contract is fair and unbiased, and acting as a non-contentious and impartial advocate for the business transaction as a whole, notaries prevent and resolve many potential conflicts beforehand. Notaries have

9156-534: The magazines Pluma and España between 1920 and 1924, founding the former with his brother-in-law Cipriano Rivas Cherif . He was secretary of the Ateneo de Madrid (1913–1920), becoming its president in 1930. He was a candidate for the province of Toledo in 1918 and 1923, but lost on both occasions. In 1926 he founded the Acción Republicana (" Republican Action ") party with José Giral . A strong critic of

9265-410: The monarchy. Two days later, the Second Spanish Republic was proclaimed and the King forced into exile. Niceto Alcalá-Zamora , prime minister of the provisional government of the Republic, named Azaña Minister of War on 14 April. Alcalá-Zamora resigned in October, and Azaña replaced him as prime minister. When the new constitution was adopted on 9 December, Azaña continued as prime minister, leading

9374-452: The national exam, almost all candidates attend notary trainning institutes. Those schools are fully private institutions and are by no means mandatory, but virtually all successful candidates have at some point attended one or more. An average person requires about 12 years (5 years of university, 18 months in a traineeship, an average of 5 years to pass the national exam and 6 further months of training) of continuous studies in order to become

9483-403: The notary's official position is, for example, reflected in the way the requirements of impartiality and independence have been enshrined in law, the many regulations a notary and notary's clerk are required to adhere to, and the fact that a notary is prohibited from acting as an attorney. Market forces have widened the possibility for notary's clerks to become notaries and for competition. However,

9592-476: The notary's register. When in public form, one un-executed minute copy ( minute ) is retained of record in the notary's protocol, thereby constituting a public instrument, and a fully engrossed execution copy (called a grosse and now termed copie exécutoire ) is issued to the client and is headed and footed with the same formule exécutoire or "enactment clause" used on court orders and writs. Minutes and engrossments are only drawn up once, and, should

9701-472: The overthrow of the Republic. The rebellion failed in Madrid, however. Azaña replaced Quiroga as Prime Minister with his ally Diego Martínez Barrio , and the government attempted a compromise with the rebels, which was rejected by General Mola . On 13 September, Azaña authorized Minister of Finance Juan Negrín to move the nation's gold reserve to wherever Negrin thought it would be secure. Negrin shipped it to

9810-417: The parties. Notaries archive the minute (protocol copy, Dutch minuut ) and issue exemplifications ( authentiek afschrift ) to the parties. The only fully executed copy, known as the engrossment ( grosse ), is prima facie demonstrative evidence of its contents, similar to a court order. There is, therefore, no need for the party to or custodian of a notarial instrument to provide extraneous evidence to verify

9919-600: The passing of the 1960 Land Act (itself replacing the Dutch East Indian Agrarische Wet of 1870, commonly referred to the act that started the Dutch East Indian liberal period ) de jure removed real estate transactions from the notary's practice areas. All real estate transactions are now de jure executed by conveyancers ( Indonesian : pejabat pembuat akta tanah , lit.   ' land deed making officers ' , abbreviated as PPAT) appointed by

10028-634: The performance of their duties. When liable, damages are paid from a nationwide consolidated indemnity fund. Group liability of this kind is otherwise unprecedented. Notaries are therefore required to take out professional indemnity insurance for the due protection of their clients. French notaries are part of and regulated by a local or county notaries society, or chambre des notaires , on whose advice notaries are appointed and who conduct annual accounting audits of notarial offices, establish and regulate professional and ethical standards, and can censure or temporarily suspend notaries. Notaries are also members of

10137-417: The play during the previous weeks, Azaña dictated the final version while he was trapped in Barcelona during the "Days of May" violence. In the play, Azaña uses various characters to espouse the various ideological, political and social perspectives present within the Republic during the war. He portrayed and explored the rivalries and conflicts that were damaging the political cohesion of the Republic. Azaña

10246-476: The president evacuates; Azaña commenced preparations. The president, his family and his entourage, including secretaries and military AdCs , left La Barata on January 21 (Nationalist troops would seize the place on January 24). Following a drive of some 50 km east in the afternoon hours, the column of cars his entourage were travelling in reached the town of Llavaneras (now San Andreu de Llavaneres), north of Mataró , some 30 km from Barcelona and some 100 km from

10355-410: The primary office but makes no references to a minimum or maximum fee that can be applied. Given the relatively small number of notaries (about 5,000) and the high volume of work they are required to do, notaries are usually very expensive professionals, and consistently rank first among the best paid professional category in Italy. Notaries are required by law whenever real estate ( bene immobile )

10464-476: The profession's administrative head. In Germany, the main function of a Notar (pl. Notare , fem. Notarin ) is to draw up, execute, and retain legal instruments transacting or governing noncontentious matters in reserved areas of law: Prospective notaries must have the same basic legal education as attorneys/solicitors: first, they must be law graduates who have passed the first legal practice exam ( erste juristische Staatsprüfung ); then, they must article as

10573-600: The rebellion. In fact, Azaña had no connection with the rebellion, and the attempt to convict him on spurious charges soon collapsed, giving him the prestige of a martyr. He was released from prison in January 1935. Azaña then helped organize the Frente Popular ("Popular Front"), a coalition of all the major left-wing parties for the elections of 16 February 1936. The Front won the election, and Azaña became prime minister again on 19 February. His parliamentary coalition included

10682-401: The relationships between individuals and in which the State is not directly concerned. The most common areas of practice for civil-law notaries are in residential and commercial conveyancing and registration, contract drafting, company formation, successions and estate planning , and powers of attorney . Ordinarily, they have no authority to appear in court on their client's behalf; their role

10791-454: The right to withhold information in court as would an attorney or doctor. In cases where a notary acts as legal advisor to a particular interested party, the advising notary must counsel all parties including third-party beneficiaries. All notaries are law graduates. Not only are they experts in family, estate, company, and property laws, but they must also stay up-to-date about pertinent cases and certain aspects of tax legislation. If necessary,

10900-531: The road, to the last Spanish settlement some 2 km from the French frontier, the hamlet of La Vajol . It is there he met his last foreign diplomatic representatives. On February 4 Negrín visited Azaña in La Vajol and suggested that, in view of the advance of Nationalist troops, the president cross to France as soon as possible. On February 5, at 6 AM, when it was still dark, Azaña, his wife, his entourage and some state officials departed La Vajol (which would be seized by

11009-474: The rural poor. However, Azaña was a "middle-class republican", not a socialist. He and his followers were not enthusiastic for this program. The agrarian law did not include state-funded collective farms, as the Socialists wanted, and was not enacted until late 1932. It was also clumsily written, and threatened many relatively small landholders more than the latifundists. The Azaña government also did very little to carry it out: only 12,000 families received land in

11118-468: The view of Paul Preston , nothing indicates more directly the value of the services provided by Azaña to the Republic than the hatred felt towards him by the ideologues and propagandists of the Francoist cause. When the Cortes met in April, it removed President Alcalá-Zamora from office. On 7 April 1936, Azaña was elected President of the Republic; Quiroga succeeded him as prime minister. Azaña by this time

11227-535: The violence and unrest on the Spanish national character but this gave the impression the government was disinterested in enforcing the law. Azaña repeatedly warned his fellow Republicans that the lack of unity within the government was a serious threat to the Republic's stability. Political violence continued: there were over 200 assassinations in February through early July. By July, the military conspiracy to overthrow

11336-426: Was a typical left-liberal party. It attracted the support of the small bourgeoisie , like teachers, lawyers and shopkeepers. Manuel Aza%C3%B1a Manuel Azaña Díaz ( Spanish pronunciation: [maˈnwel aˈθaɲa] ; 10 January 1880 – 3 November 1940) was a Spanish politician who served as Prime Minister of the Second Spanish Republic (1931–1933 and 1936), organizer of the Popular Front in 1935 and

11445-448: Was aware of General Franco and Sanjurjo 's firm determination to overthrow the Republic, which would culminate in the Law of Political Responsibilities (Ley de Responsabilidades Políticas) at the end of the war. Saddened, he reflected: A policy should never be based on the extermination of the adversary; not only because—and that is a lot to say—it is morally an abomination, but because it

11554-890: Was orphaned at a very young age. He studied in the Universidad Complutense , the Cisneros Institute and the Agustinos of El Escorial . He was awarded a Lawyer 's licence by the University of Zaragoza in 1897, and a doctorate by the Universidad Complutense in 1900. In 1909, he achieved a position at the Main Directorate of the Registries and practised the profession of civil law notary , and travelled to Paris in 1911. He became involved in politics and in 1914 joined

11663-460: Was profoundly depressed by the increasing disorder, but could see no way to counter it. Stanley Payne reports that in the Cortes meeting of April 15, Azaña stated "I don't intend to serve as anyone's guardian angel" and told the right-wing deputies "[D]id you not want violence...? Then take to violence. Be prepared for the consequences", despite the fact that CEDA had adhered to the law. He would later regret these remarks and try to backtrack by blaming

11772-400: Was published posthumously in Spanish in 2003. According to British historian Piers Brendon, Manuel Azaña was the leading Republican politician. He was a well-educated would-be writer who "plotted to rid Spain of the yoke of church and king". A brilliant speaker, Azaña was graceful in word, but clumsy in action. "He was a polemical bullfighter but a political bulldozer.". Although he preached

11881-589: Was vested with Mexican citizenship and named Honorary Ambassador, thus granting him diplomatic immunity. His residence was officially an extension of the Mexican Embassy and therefore under Mexican jurisdiction, and was closely monitored by Mexican military personnel. Azaña died of natural causes on 3 November 1940, in Montauban , France. He received the last rites of Catholicism before his death. The Vichy authorities refused to allow his coffin to be covered with

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