NOTARIAL RECORDS

THE NOTARIAL SYSTEM

The European Civil Law tradition prevailed in France and her colonies, meaning that transactional law and functions involved with the preparation and authentication—and even the preservation—of legal documents developed as a separate system from the functions of the courts and its advocates, or attorneys. Under a legal tradition that valued the introduction of written evidence over oral testimony, notaries were responsible for preparing those legal documents and authenticating them for presentation to the courts.AHP CACERES.png

Protocolos As The Means Of Recordation And Preservation: Physical Arrangement And Indexing

 In addition to preparing and authenticating documents, the escribano publico also had full responsibility for recording his transactions in a format that would preserve them for future reference by the parties, courts and other elements of society. The result was the creation of the permanent notarial register, or protocolo. Generally, at the end of each year the notary arranged for the binding of the individual documents he had prepared into a single volume arranged in chronological order, often adding a cover sheet and indice (table of contents). In the mid-nineteenth century a movement started in Latin America to have all protocolos bound. At that point most of the older legajos were organized and commercially bound in volumes containing all of the documents drafted by a single notario during aIndice ahp caceres.png specific year, or series of years.  For certain times and areas of Latin America where no appointed notaries functioned, the records were still bound into protocolos, but identified by the geographic locality of origin. Not all documents prepared before a notary in France and rench speaking countries were bound into a Protocol. (This process is called protocolización). Be aware, in many cases the law required a document to be signed before the notary, but did not require that it be recorded for permanent preservation.

For more about The History of Notaries in France and Her Colonies click here.

For more about French Laws Relating to Notary  click here.

For more about ​Format of Notarial Documents click here.

 

THE FORMATS OF SPECIFIC DOCUMENTS

Click on the type of record below to learn more and see samples.

Testament 
(Will)
View sample​
Vente
(Sale)
Pouvoir
(Power of attorney)
Contrats
(Contracts)
Caution
(Bond)
Shopping - Vente reelles 
(Purchases and Sales of 
Real Property)
View sample​​
Dote d'inventaire
(Dowry inventory)
View sample
Inventaire de marchandises de defunts
(Inventory of decedent's state & property)
View sample​​​
Test de sang de puerete
(Proof of purity of blood)
View s​ample​​