The Non-Adversarial, Extra-Judicial Search for Legality and Truth: Foreign Notarial Transactions as an Inexpensive and Reliable Model for a Market-Driven System of Informed Contracting and Fact-Determination

60 Pages Posted: 31 Oct 2009

See all articles by Pedro A. Malavet

Pedro A. Malavet

University of Florida - Levin College of Law

Date Written: 1997

Abstract

Notarial transactions are specialized contracts, which in most of the world are written and certified by a legal professional known as a notary, who obviously is not the U.S. notary public. These, in effect, lawyers, practice a liberal profession so endowed of the public trust that they are expressly made alternatives to judicial proceedings. Hence, the notarial form is an extra-judicial certification of legality and truth, often comparable to our court judgments. This system guarantees honesty and legality while avoiding or resolving disputes, at a very low cost, when compared to American law practice and certainly when compared to litigation.

Keywords: Notarial Law, Civil Law, Comparative Law, Legal Ethics, International Commercial Transactions

Suggested Citation

Malavet, Pedro A., The Non-Adversarial, Extra-Judicial Search for Legality and Truth: Foreign Notarial Transactions as an Inexpensive and Reliable Model for a Market-Driven System of Informed Contracting and Fact-Determination (1997). Wisconsin International Law Journal, Vol. 16, No. 1, 1997. Available at SSRN: https://ssrn.com/abstract=1496459

Pedro A. Malavet (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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