Friday, January 18, 2008

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is not the same


I think for a better understanding and avoid confusion is relevant to establish that the notary and the lawyer may not perform the same activities and body often people see much of this confusion, so case of distinction from each according to the laws and concepts that legal scholars established for each of them.


Notario.

Notary Code follows: ARTICLE 1

. The notary public has faith to certify and authorize acts and contracts involved in provision of the law or request of a party.

We see that the definition is vague Notaries in Guatemalan law, but scholars define the notary law as follows:

"Ontario is the professional law exercising a public function that is to receive, interpret and give legal form to the will of the parties, drafting the appropriate public instruments for that purpose and giving them authenticity, the originals and copies by issuing a testament to their content "


To put it in clear terms, we can say that the Notary is the person having obtained the relevant optional title has a presumption of correctness to the actions authorized by law or any person required and is obliged to advise on the best way or procedure to formalize such requests.


Lawyer.

The Judiciary Act states:

197 Action by lawyers. The lawsuits, petitions and memorials submitted to the courts should be supported with the signature and seal lawyer. and without this requirement will not proceed to any Advocate is responsible for managing the fund and the form of written authorization with signature is not required the intervention of a lawyer verbal issues they know the lower courts. In the efforts of the Attorney General. If the office is not served by professional and other cases provided by other laws


Some differences:

1. The Notary may act for provision of the law or request of any person, the lawyer acting only at the request of any person.
2. The notary acts and advises people in the establishment of notarial contracts, protocol, Proceedings of legalization of signatures and documents and other acts for which the law requires, Advocate acts only in the courts defending the interests of his client when there is conflict of interest.
3. The Notary is governed by the Code of Notaries and related laws. The Advocate finds its legislation in the Judiciary Act.
4. The notary public testifies about the activities carried out. The lawyer gives support to people who need to go before a tribunal.


often confused the concept of these professions as they acquire the two grades at the end of the same university, but there are differences between them and I have often heard from lawyers who enter into a contract for sale deceive telling customers that prior to this should appear before the courts and lack of knowledge people are ripped off with exorbitant amounts of activities that are not required for this purpose.

In order to leave as a percentage words, if you need a contract signed certificate or document legalization or notarization will be before a notary. And if they need legal representation needed a lawyer.


legal regulation: Article 1 of the Code of Notaries and Article 197 of the Judiciary Act.


Friday, January 4, 2008

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New year, new management.

The inauguration of new president is right around the corner and I wonder: What's good for Iran to Guatemala? Not whether to laugh or mourn, since with every change of government in our country change institutions taste and whim of the new government, and that is it bad? Well the truth is not, the problem is that some of the few projects that really benefit the people were forgotten, giving way to the impossible task of fulfilling all that the new President and his party promised in order to obtain the "Huesito ".

you say? Guatemala Will really see his hands next spring in the official party, or be another winter where we Guatemalans rains, it pours rain and politicians but money piles. Actually I do not much like the idea of \u200b\u200bpolitics as it is mostly a string of lies that does nothing but excite the Guatemalan middle and lower classes that things will get better when in fact they are already worse.

well be that with every change of government from flying perhaps many public employees do their job to give place to others who may not arrive there by their own merit but by shouting slogans and to relax, upholstered streets electoral garbage and say that X or Y candidate is best for Guatemala when we sometimes do not know ourselves what is best for us, except for our beloved nation? I think a matter of time to see damage done to our country.

In the end I think we must give a look to the duties of the President of the Republic, because if you do not know, we can not require you to do so must the Article 193 of the Constitution of the Republic of Guatemala states:

Article 183. Duties of the President of the Republic. The functions of the President:

a) Comply with and enforce the Constitution and laws;
b) Provide for defense and national security and the preservation of public order;
c) Exercise command of the armed forces of the nation with all the functions and powers respective;
d) take command of all forces;
e) Punishment, promulgate, implement and enforce such laws, issue decrees which their power by the Constitution and international agreements, rules and orders for the strict enforcement without altering the spirit;
f) Issue the necessary provisions in case of major emergency or public calamity, and must report to Congress at its immediate;
g) Submit bills to Congress;
h) exercise the right of veto over laws passed by Congress, except in cases where it is not necessary to sanction the Executive in accordance with the Constitution;
i) submit annually to Congress, at the beginning of its session, written report of the overall situation of the Republic and of its management business during the previous year
j) Submit annually to Congress for approval, with no fewer than twenty days prior to the date on which will begin the fiscal year through the ministry concerned, the draft budget in a program that contains the detail of revenues and expenditures State. If Congress is not in session shall hold special meetings to publicize the project;
k) Submit to the Congress for approval, and before its ratification, treaties and international agreements and contracts and public services concessions;
l) to the legislature to convene special sessions when the interests of the Republic demand it;
m) coordinate, in Cabinet, policy development of the nation;
n) Chairing the Council of Ministers and play the role of supervisor of officials and employees of the executive;
o) Keep the territorial integrity and dignity the Nation;
o) direct the foreign policy and international relations: celebrating, ratify and denounce treaties and agreements in accordance with the Constitution;
p) To receive diplomatic representatives, and the granting and withdrawing exequatur consuls;
q) Managing public finances under the law;
r) Exempt from fines and surcharges taxpayers who have committed them not to cover the taxes within the legal terms or by acts or omissions in the administrative order;
s) appoint and dismiss Cabinet Ministers, Deputy Ministers, Secretaries and Deputy Secretaries of the President, ambassadors and other officials would be consistent with law
t) grant pensions, widows' pensions in accordance with the law;
u) Grant Guatemalans and foreign decorations;
v) Within fifteen days of completion, to report to Congress about the purpose of any journey that has carried out outside national territory and on the results thereof;
w) Subjecting each four months of the Congress by the respective ministry an analytical report on budget execution for their knowledge and control, and
x) Any other functions assigned by this Constitution or the law.

which will see the important things are fulfilled in the next four years in office, I know it is not easy to guide a country mired in poverty, corruption and violence, but it is the duty of all Guatemalans do my best and contribute what we can to enlarge our nation, either fully pay our taxes, doing our job, exposing the dishonesty in the execution of our laws and most important COMPLIANCE WITH LAWS THAT PROTECT AND GIVE U.S. THE RIGHT TO REQUEST THAT ACCOUNT HAS NOT BEEN MADE.

Remember that only we can transform Guatemala's land of eternal spring, the land of eternal peace.


legal regulation: Article 183 of the Constitution of the Republic of Guatemala.