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Notary Public, Solicitor, Commissioner for Oaths

Discussion in 'Legal Terminology' started by shreck2, Apr 13, 2009.

  1. shreck2 Senior Member

    Spain
    Buenos días!!
    En una traducción de unos documentos notariales me encuentro con estas 3 expresiones juntas. Según tengo entendido, las 3 hacen referencia a lo mismo más o menos: notario. Pero como en el texto aparecen las 3 juntas separadas por coma, me preguntaba si existiría una palabra diferente para cada una de ellas, o si poner "notario" sería suficiente.

    Espero vuestro consejo.
    saludos!
     
  2. Chaska Ñawi

    Chaska Ñawi modus borealis

    an old Ontario farmhouse
    Canadian English
    Quiere decir que este abogado es inscrito como notario, abogado (si tenga el derecho de aparecer al juicial (solicitor) depende del país) y que puede afirmar un juramento.

    Yo pondría los trés, pero vamos a esperar otras opiniónes.

    saludos
     
  3. shreck2 Senior Member

    Spain
    Gracias por tu respuesta, Chaska.

    Un saludo,
     
  4. sevillana23 Senior Member

    North Carolina
    English
    Hi, Shreck2-

    What is the purpose of the document you are using? Is it from the UK or Canada?

    My thought - though I could be way off - is each of these capacities involves the notarization of a document, but there are additional functions each may take on, therefore a different title is used for each. I would translate each term but we need to figure out the functions carried out by a Notary Public, Solicitor and Commissioner for Oaths. Here in the U.S., I am only familiar with Notary Public and have never heard the other terms used synonomously.

    Sevillana23
     
  5. shreck2 Senior Member

    Spain
    Hi sevillana 23, this is a document for Ireland, and I eventually think it apprpriate to use 3 terms as well. So far I have used the following:

    Notario, Abogado y Fedatario Público.

    Any suggestion will be very well welcomed!
     
  6. elirlandes

    elirlandes Senior Member

    Dublin & Málaga
    Ireland English
    You need all three - they are different offices in Ireland.
     
  7. hermenator

    hermenator Senior Member

    Notario, escribano y fedatario público.
     
  8. Hulalessar Senior Member

    Andalucía
    English - England
    The following only applies to England and Wales.

    Until comparatively recently there were two major branches of the legal profession: solicitors and barristers.

    Solicitors conducted litigation, i.e. prepared cases for court; conducted advocacy in the lower courts; conducted conveyancing, i.e. dealt with land transactions; conducted probate, i.e. dealt with the estates of deceased persons; and gave legal advice over a wide range of legal matters and drafted legal documents of all kinds.

    Barristers conducted advocacy in all the courts and offered expert advice to solicitors who sought it.

    Broadly, these functions continue as they did, but the barriers are breaking down with each encroaching into the other's territory. Solicitors will be found in every town, whilst most barristers operate from London or other major urban centres. Solicitors can work together in partnerships ("firms"), whilst barristers, although working in what may described as loose co-operatives called "chambers" must work on their own account; they can be employed, but if employed cannot practise as barristers. Traditionally, barristers did not deal directly with the public, but only through solicitors; in recent years it has though been possible for clients to approach barristers directly.

    There are also two more recently formed branches of the legal profession.

    Licensed conveyancers were created to conduct conveyancing; more recently they have been allowed to conduct probate.

    Chartered legal executives are lawyers whose training has been concentrated on a particular branch of the law. Whilst they have recently been allowed to become partners in firms of solicitors and are eligible to become judges, they cannot operate on their own account. The majority of them are employed by solicitors.

    Notaries public (otherwise public notaries or just notaries) are rarely required in England and Wales except in relation to business conducted elsewhere; certainly all ordinary business and property transactions can be carried out without one. With the exception of scrivener notaries who operate in the City of London, no one earns a living from conducting purely notarial business and most notaries are in fact also solicitors.

    Commissioner for oaths is an office, not a branch of the legal profession. With the exception of solicitors, all of the above professionals (and a few others) are entitled to hold the office by virtue of their profession. Solicitors are not strictly commissioners for oaths, but are entitled to exercise the powers of a commissioner for oaths by virtue of being solicitors. (The reason for the distinction, like much in English law, is historical.) As the name suggests, the office is concerned with administering oaths as well as affidavits and statutory declarations. Under English law anyone may witness deeds, contracts, wills and other property documents requiring attestation.
     
    Last edited: Jan 11, 2013

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