Notarial Act Research Articles

The enforced execution of a notarial enforcement order

We witness a trend toward so-called dejudicialization for the purpose of disburdening the courts. By creating or participating in the creation of enforcement orders, notaries public contribute to the prevention of conducting separate proceedings for the establishment, as well as enforcement of rights, which furthermore eliminates the need for cognition trials that would establish the contested rights and seek foundations for execution. The protection of creditors who can claim execution based on a notarial act certainly requires such acts to be enforcement orders. This undoubtedly provides protection to debtors from the costs of civil procedure, as well. With this as a starting point, the author first considers which notarial acts qualify as enforcement orders, then analyzes the necessary conditions for the enforceability of a notarial act, all by means of the comparative law and exegetical methods. The author also analyzes the implementation of notarial acts as enforcement orders in the European Union based on the Regulation on the creation of a European Enforcement Order for Uncontested Claims in secondary law. Finally, the author also discusses the legal remedies against notarial enforcement orders.

Exploration of a Large Database of French Notarial Acts with Social Network Methods

This article illustrates how mathematical and statistical tools designed to handle relational data may be useful to help decipher the most important features and defects of a large historical database and to gain knowledge about a corpus made of several thousand documents. Such a relational model is generally enough to address a wide variety of problems, including most databases containing relational tables. In mathematics, it is referred to as a network or a graph. The article's purpose is to emphasise how a relevant relational model of a historical corpus can serve as a theoretical framework which makes available automatic data mining methods designed for graphs. By such methods, for one thing, consistency checking can be performed so as to extract possible transcription errors or interpretation errors during the transcription automatically. Moreover, when the database is so large that a human being is unable to gain much knowledge by even an exhaustive manual exploration, relational data mining can help elucidate the database's main features. First, the macroscopic structure of the relations between entities can be emphasised with the help of network summaries automatically produced by classification methods. A complementary point of view is obtained via local summaries of the relation structure: a set of network-related indicators can be calculated for each entity, singling out, for instance, highly connected entities. Finally, visualisation methods dedicated to graphs can be used to give the user an intuitive understanding of the database. Additional information can be superimposed on such network visualisations, making it possible to intuitively link the relations between entities using attributes that describe each entity. This overall approach is here illustrated with a large corpus of medieval notarial acts, containing several thousand transactions and involving a comparable number of persons.

Revised Uniform Law on Notarial Acts

The legal, technological, and structural components are in place to allow the legal community to embark on the process of creating a uniform real property recording act. Certain jurisdictions have started the process by adopting various provisions allowing counties to implement electronic recording systems. These provisions are, however, disparate and inconsistent. Given the inconsistencies in the manner in which the electronic recording systems are developing, national commercial and lending practices would have a difficult time attempting to comply with all the possible permutations. In the near future, Fannie Mae, the Property Records Industry Association, and the Mortgage Industry Standards Maintenance Organization should set forth a single generally-accepted protocol for the format of electronic documents and electronic signatures. Thereafter, one can project a substantial and immediate push to establish electronic recording on a national scale. The promulgation of a Uniform Acton electronic recording would also promote national uniformity. It would provide a framework for an enactment by each state that would assure a single national recording structure.

Regesti del protocollo del notaio Nardo de Marino di Sarno (1475-1476). Documenti per la storia economica e sociale di una Universitas meridionale

First publication of the summaries (regesta) of notarial Acts preserved in Archive of Sarno's Diocese. In the Introduction they are contextualized in the social, economic, and institutional environment of Sarno, one of the most important fortified Burgs, Counties and episcopal Sees in medieval Campania.

The gardens of the Gamberaia: permanence and change

What was the appearance of the Gamberaia at the time of the Lapi (1610–1718)?1 How were the spaces and sites it comprises organized, and what were the architectural components of a villa that, from the mid-eighteenth century, came to be celebrated as one of the most important in the vicinity of Florence? For the early, Lapi period of the villa,2 the evidence is scarce, but we possess the description that accompanies the 1718 notarial act for the change of ownership from the Lapi to the Marchesi Capponi. The passage, though brief, is significant, for it records a number of places that still compose the garden: ‘Una villa signorile posta nel popolo di S. Maria a Settignano, luogo detto Gamberaia, con tutte le sue stanze e sotterranei, fontane, giardini, selvatichi, viali, cappella, palla e corda, pallottolaio, casa per giardiniere, vasi e stanze, piante di agrumi e di fiori’.3 The overall spatial composition of the gardens seems to be already established, and we can recognize specific areas: the viale is the long garden avenue, perhaps a place for the game of palla e corda; the selvatichi are probably the ilex woods; the stanze da vasi must refer to the rooms of the limonaia.

De schiet- en loterijprijzen van de Delftse schutters uit 1621 en 1631

AbstractIn the municipal archives in Delft are two unique printed lists that inform us about events organised by the Delft civic guard in 1621 and 1631. In 1621 a shooting contest was being held and the prices were several pieces of silver and a number of paintings. These were mainly by Esaias van de Velde, but there were also works by Bartholomeus van Bassen, Cornelis Jacobsz Delff, Joos de Momper together with Jan Brueghel the Elder, Pieter van Bronckhorst, the unknown Pieter Jacobsz Lupert and two works by Hendrick Gerritsz Pot. In the document he titles of the paintings are given, but it is not possible to trace any of these works. In 1631 the civic guard organised a lottery. A large number of paintings were to be won, mainly by painters from Utrecht. The first prize was a series of the five senses by Gerard van Honthorst, Abraham (or maybe Hendrick ?) Bloemaert, Paulus Moreelse, Jan van Bijlert and Hendrick ter Brugghen. There were also paintings by Roelandt Saverij, Adam Willaerts, Joost Cornelisz Droochsloot and Gijsbert and Gillis Hondecoeter. Prom Delft Leonaert Bramer, Cornelis Jacobsz Delff, Anthonie Palamedesz together with Barthomeus van Bassen, Palamedes Palamedesz and Jacob Vosmaer are represented. Also two paintings by Esaias van de Velde are mentioned. Again the titles are given, but they offer no clues to any present whereabouts. From a notarial act it appears that in 1644 again a shooting contest was being held. Now there were only seven paintings to be won. They were supplied by the still life painter Evert van Aelst, and he undoubtedly painted them. No titles are given. Again in 1647 and 1661 shooting contests were being held. Now the prices were simple pieces of silver. According to this pattern, over the decades the populariry of paintings in Delft was diminishing.

Catalan Merchants and the Western Mediterranean, 1236-1300: Studies in the Notarial Acts of Barcelona and Sicily

Catalan Merchants and the Western Mediterranean, 1236-1300: Studies in the Notarial Acts of Barcelona and Sicily

The collection of the world: Accounts of voyages from the sixteenth to the eighteenth centuries

The considerable recent interest in re publishing accounts of voyages of discovery, from Christopher Columbus to Livingstone, can perhaps be explained by a certain lull in French anthropological production, and by the crisis in third world literature. For reasons as much ethical as epistemolog ical, anthropology has never laid claim to this considerable body of literature as its pre? history. It has, on the other hand, drawn data from it, and has sometimes singled out pre? cursors. Levi-Strauss has called the Histoire dun voyage fait en la terre de Bresil by Jean de Lery [1] an anthropologist's breviary [2], and other anthropologists have acknowledged the importance of Lafitau, or the "great ethnographer" Bernardino de Sahagun. But any singling out of observations or authors means consigning to oblivion the con? siderable body of accounts of voyages which was published in major European languages between the 16th and 18th centuries. These accounts did not constitute a literary genre, as they did in the 19th century; rather, an ensemble regulated by a multiplicity of disciplines ? astronomy, the maritime and military arts, natural history, theology, law, and a totality of strategic practices governed by economic, political, and religious considera? tions they constituted not a genre but a cultural formation, that is, an area of culture, of knowledge, and the practices which struc? ture and are supported by it. Implying and contributing to a critical relativism, these accounts exercise some of the functions of our human sciences, while they might also be com? pared to a body of knowledge such as sovietol? ogy because of its submersions in economic and political considerations. The ensemble of these travel accounts described the planet as it was then known, but could no longer be confused with the compendia of cosmographic knowledge produced by the Middle Ages. In the case of these compendia, scholarship consisted essentially in systematising. With the voyages of discovery, the voyage itself constituted a scientific institution and praxis. The voyage is not a means of gaining access to the terrain of possible knowledge; but it supports, generates and assembles knowledge as the locus for systematic deductions, for celestial and marine observations, for taking samples of flora, fauna and humanity. The activity of writing describes and chronicles this taking of samples in a detailed manner; the written account publicly attests it as a notary's act. The captain, the ship's doctor, the priest and the notary, the intermediaries and then the Daniel Defert is Professor at the University of Paris, Vincenne.

Dutch Notarial Acts Relating to the Tobacco Trade of Virginia, 1608-1653

T t HE Notarial Archives of Amsterdam and Rotterdam, which form a part of those cities' Municipal Archives, contain valuable information on the early commercial relations of Holland and Virginia-information that has so far been little used by historians of North America. It is the intent of this note to call attention to the utility and availability, for scholarly purposes, of those notarial acts-a small proportion of the original total-that have survived the ravages of fire and water, and damage resulting from poor storage. The Dutch notary of the seventeenth century performed most of the minor functions of the modern lawyer. He drew up wills, contracts, testimonies, and a variety of other legal documents. Some of the more important Dutch cities possessed a dozen or more notaries whose clerks drew up many documents every day, sometimes employing the services of interpreters when a language other than Dutch was desired, as it often was for transactions relating to Holland's international trade. An important element in Holland's remarkable economic expansion, beginning in the late sixteenth century, was the tobacco trade with the New World. Before i6io Dutch merchants were buying tobacco in the Indies, Brazil, and the Orinoco region, as a profitable addition to the trade in sugar, indigo, slaves, and other commodities. When Virginia began growing tobacco in sizable quantities for export, these merchants were quick to take advantage of this new market for European goods. The first contacts between Holland and Virginia were made by the Company of Merchant Adventurers of Middelburg before i620. (The Middelburg notarial archives were destroyed during the bombing of that city in May I940.) When the Middelburg merchants moved to Rotterdam in the i630s, the latter city became the center of Holland's trade not only with Virginia but with the West Indies generally, that term covering in Dutch usage-the imprecision of which is reflected in the notarial actsall the New World lands and islands lying south of Newfoundland.

Maggiore v. Maggiore.

Consuls — Functions of — Notarial Acts — Performance of — Whether Subject to Municipal Law of Sending State — The Law of Italy.