|
Notarial Act
A notarial act (or notarial instrument or notarial writing) is any written narration of facts (recitals) drawn up by a notary, notary public or Civil law notary, civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the only lawful means of proving those facts of which it is the recognized record, whereas on other matters it is usually inadmissible, because, being beyond the powers entrusted to the notary by law, it is non-official. In most common-law countries, multiple-page acts are bound together using a sewn or knotted ribbon (referred to as silk), the ends of which are secured by a wafer impressed with the notary's seal. This is called annexing or annexure. Act in public form The first category is known as an "act in public form" (Fr ''acte en minute'', Du ''minuutakte'', It ''atto conservato'', Ger ''urschriftliche Urkunde'', Sp ''acta p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notary
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is distinct from an advocate in that they do not represent the person who engages their services, or act in contentious matters. The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373. Overview Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including Deed, deeds, Affidavit, affidavits, Contract, contracts, and Power of attorney, powers of attorney are very common documents needing notarization. Code of Hammurabi#Laws, Code of Hammurabi Law 122 (c. 1755 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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 the relationsh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead of the term ''agent''. That term should be distinguished from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eschatocol
An eschatocol, or closing protocol, is the final section of a legal or public document, which may include a formulaic sentence of appreciation; the attestation of those responsible for the document, which may be the author, writer, countersigner, principal parties involved, and witnesses to the enactment or the subscription; or both. It also expresses the context of the documentation of the action described therein, i. e., enunciation of the means of validation and indication of who is responsible to document the act; and the final formulae. Common in European medieval charters, they have been relegated to notarial acts, governmental acts, diplomatic treaties, certificates, and other formal documents. Contents Eschatocols usually contain a: * Clause of corroboration that expresses the specific means by which the document is to be or was validated and guaranteed as to its authenticity, which means may be a: ** Jurat, i. e., the oath of witnesses that the contents of the document ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interlineation
Interlineation is a legal term that signifies writing has been inserted between earlier language. It is commonly used to indicate the insertion of new language between previous sentences in a contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ..., though it may also be used in other contexts. 71 C.J.S. Pleading § 437 ("Mode of making amendment—By interlineation"); 3B C.J.S. Alteration of Instruments § 87. For example, interlineations can help to clarify specific points of a legal contract, and are useful if some of the terms of a contract become unclear later. They are typically initialed and dated, so as to make a record of changes and agreements to a particular contract. References [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exemplified Copy
An exemplified copy (or exemplification) is an official attested copy or transcript of a public instrument, made under the seal and original pen-in-hand signature of a court or public functionary and in the name of the sovereign, for example, "The People of the State of Oklahoma". Exemplifications can only be attested and executed by either the authority holding the record or the issuing authority. Exemplified copies are also usually an extract or transcript made directly from the original. They can be contrasted with certified copies which are attested by a public authority who does not necessarily execute the copy; are signed and sealed by the certifier, not necessarily the issuing authority or recorder; and are a facsimile, made from the original or not, and vary as to faithfulness, for example, fair copy, imitative copy, and so forth. Certified copies of birth and death records from New York City, Los Angeles, Georgia, and in certain other locations in the US can, if requeste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Documentality
Documentality is the theory of documents that underlies the ontology of social reality put forward by the Italian philosopher Maurizio Ferraris (see Ferraris 2007, 2008, 2009a and 2009b). The theory gives to documents a central position within the sphere of social objects, conceived as distinct from physical and ideal objects. Ferraris argues that social objects are "social acts that have been inscribed on some kind of support", be it a paper document, a magnetic support, or even memory in people's heads (e.g. in the case of the promises we make every day). Thus the constitutive rule of social objects is that ''Object = Inscribed Act''. Therefore, documents as inscriptions possessing social relevance and value embody the essential and prototypical features of any social object, and it is on this basis that it is possible to develop an ontology capable of classifying documents and their selective storage, beginning with the grand divide between strong documents (inscriptions of acts), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Documents
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
