QUESTION BANK NOTARY LAW (FIRST PART)

UNIT Nº 1 NOTARY LAW: OBJECT, PRINCIPLES AND DEFINITION

1) Who was the historical background of the public faith notary in South
America; And what were the main tasks in your charge?

This character was called “Quipucamayoc”, who was in charge of recording all the
acts of the Inca in his quipus, in addition to keeping control of the empire's
reserves.

2) Mention the three stages of the history of notarization

- Pre notarized

- Evolutionary

- Modern

3) What is the name of the instruction center that the future quipocamayoc
had to attend?

It was called “Yachayhuasi”

4) Who was entrusted with the notarial function in the Middle Ages and what
are the reasons for this appointment?

During the Middle Ages, this appointment was entrusted to priests, achieving a
combination between “religious morality and law or justice”, earning high respect
from society.

5) Explain the meaning of Quipus.

The “Quipu”, which in its meaning in the Quechua word means knot, tie or lasso,
was a device composed of wool ropes of different colors. Although the quipus are
known as an accounting system, there are authors who maintain that the quipus
were also a writing system.

6) Develop the evolutionary stage of notarization.

In this period, a new notarial profession emerged with a double public and private
origin that emerged from nations and the Church. Due to the rise of religion,
especially Catholicism, it was especially the friars who performed the notarial
function
7) What ministerial portfolios are part of the Plurinational Notarial Council?

- Ministry of Justice and Institutional Transparency

- Ministry of Foreign Affairs

- Ministry of Labor

8) What does immediacy refer to as a principle of notarial practice?

It is the direct and immediate contact between the interested parties, with the notary
and the document or legal act;

9) Define Notarial Law.

Notarial Law is the set of legal and regulatory rules that regulate notarial activity,
establishes its powers, responsibilities and disciplines human declarations
formulated under the sign of authenticity.

10) Explain the principle of prayer in Notarial Law and offer an example.

The action of the notary is always activated based on the request of the interested
parties;

11) Develop the Principle of legality that governs the exercise of the notarial
function

This principle assumes that the actions of the Plurinational Notary are fully subject
to the Political Constitution of the State and the Law, they are presumed legitimate,
unless expressly judicially declared to the contrary.

12) Mention the four institutions that make up the Plurinational Notariat in
accordance with the provisions of Law No. 483 of the Plurinational Notariat.

- The Plurinational Notarial Council

- The Plurinational Notarial Directorate

- Departmental Directorates

- Notaries of Public Faith and Government

13) What is the purpose of the Plurinational Notarial Law No. 483?
The new law aims to establish the organization of the plurinational notarial
profession and regulate the exercise of the notarial service.

14) Define, in accordance with the provisions of the Plurinational Notary

Law, the Advice that the notary owes to users.

It is the responsibility of the notary to exceptionally advise those who demand

their services and guide them on the legal means to achieve their lawful purposes,
without making additional charges for the guidance provided.

15) Explain the principle of neutrality that governs notarial practice.

The purpose of the advice and notarial activity is to maintain the equality of the
interested parties, so their intervention is neutral, avoiding all types of
discrimination.

16) Mention the three areas in which the Plurinational Notarial Directorate
performs functions
- In the Notarial Career
- In Disciplinary Matters
- In Administrative Matters
17) In accordance with the provisions of Article 7 of the Plurinational Notary
Law; offer a definition of the Plurinational Notarial Directorate.
Decentralized entity, in charge of organizing the exercise of the notarial service,
under the supervision of the Ministry of Justice.

18) Explain the effects of the modification made by Article 37 of Law 915 to
subsection c) of Article 6 of Law 483.
Due to the modifications established by Law 915, today we have the participation
in the Council of the Ministry of Justice and Institutional Transparency, in order to
preside over the Council and establish effective control and supervision of the
notarial service.

19) What are the characteristics of decentralized institutions such as the

Plurinational Notariat?

- Legal personality.
 - It is under the guardianship of the ministry of the branch

- Own Executive Authority

- Institutional Policies and Guidelines

20) Define the principle of Interculturality in the notarial function

The notarial service is based on the recognition, expression and coexistence of

cultural, institutional, normative and linguistic diversity and the exercise of
individual and collective rights guaranteed in the Political Constitution of the State,
forming a society based on respect and equality among all, to Live Well.

21) What minimum number of members is required to make a quorum in

order to hold ordinary or extraordinary meetings of the Plurinational
Notarial Council and how are decisions made once the meeting is held?

The Council will meet with a minimum quorum of three (3) members and
decisions will be adopted by the absolute majority of the members present.
22) Mention the functions of the Plurinational Notarial Directorate in
disciplinary matters in relation to crimes committed in the exercise of the
notarial function.
Report the commission of crimes committed by notaries to the Public Ministry.
23) Indicate the attribution of the Plurinational Notarial Council regarding
the evaluation of notaries in accordance with the provisions of Law 483.
Supervise the evaluation processes of public notaries
24) How many years has the Departmental Director of the Plurinational
Notaries been in office?
Its management is 4 years as established in article 10 of the Plurinational Notarial
Law
25) For what purposes can public notaries join?

- Academics

- Social

- Cultural

26) What is the National Association of Notaries?

The National Association of Notaries (Bolivian Notariat Association) and the
departmental associations of notaries are private law corporations protected by
the Political Constitution of the State and the laws; They have their own legal
personality and full capacity to fulfill their purposes.

27) Based on the provisions of Supreme Decree 2189 (regulation of the

plurinational notarial law), what is the function of the Plurinational Notarial
Directorate in relation to the Notarial Fee?

Approve and update the tariff and tariff rate of the voluntary notarial route

28) Where the notarial official must establish his fixed residence

The notary or public notary must establish residence in the place of their
appointment, or in the nearest town, proving this at the time of possession.

29) Define the Public Notary.

It is the legal professional who performs the notarial service by delegation of the
State and exercises it privately, advising exceptionally within the framework of his
functions, interpreting and giving legal form to the will of the interested parties,
preparing and drafting public instruments. .

30) Indicate the characteristics of the notaries established in relation to the

territorial scope assigned to each notary of public faith in accordance with
the provisions of Supreme Decree No. 2189.

The Plurinational Notariat Directorate must not assign more than one territorial
area to the same notary or assign a departmental territorial area.

31) Based on the provisions of Article 41 of the DS 2189, describe the

conditions that notarial offices must meet

Notarial offices must have an exclusive user service environment and others for
document archiving that have security mechanisms to prevent the loss, deterioration
or destruction of the documentation in their charge. The environments must be
properly identified.

32) What position can notaries perform in parallel to the notarial function?
The only function compatible with the exercise of the notarial function is
University Teaching.

UNIT Nº 2 C NOTARIAL CAREER AND THE GOVERNMENT NOTARY

33) What are the regulations that establish the requirements to be appointed
Notary of Public Faith?

- Political Constitution of the State (Art. 234)

- Plurinational Notarial Law (Art. 12)

34) What are the practices achieved by Government Notaries?

- Understand public instruments

- Attest to the acts for which they were required in their capacity as

- Keep in strict order the instruments granted to them

- Grant the interested parties, under their signature and seal, the testimonies or
certificates

35) What is the meaning of “Consul”?

It is the position that an official receives from the State to exercise a consular
function abroad. It is a political official of the Foreign Service of a country who
provides information and administrative propaganda

36) What entity does the consular offices that carry out notarial services
abroad depend on?

They depend functionally and administratively on the Ministry of Foreign Affairs.

37) Establish three differences between the notarial official and the consular
official

- The consular official does not depend on the DIRNOPLU.

- The Consular Official does not provide bail for its possession.

- THE consular official does not necessarily have to be a professional lawyer.

38) What is the institution that appoints and appoints government notaries?

They are appointed and appointed by the governor of the department of the
territorial jurisdiction in which they have to fulfill their functions.
39) Taking into account that consular officials perform notarial services.
What participation do consular officials have in the notarial career?

None, they are not part of the notarial career, they do not depend functionally,
administratively or respond disciplinaryly to the DIRNOPLU

40) What are the causes of cessation in the notarial function?

a) Death;

b) Negative performance evaluation;

c) Dismissal due to disciplinary process;

d) Written resignation;

e) Supervening disability

41) What is the amount of the real guarantee required of public notaries
prior to their possession?

50 (fifty) national minimum salaries.

42) What is the Difference between the Civil Liability Guarantee and the
bond that must be offered by public notaries?

- The civil liability guarantee is aimed at compensating for damages

caused to the applicants' assets derived from the notarial function.

- The deposit is established in favor of DIRNOPLU

43) What is the period granted to those appointed as public notaries to

constitute the bond established by law?

The period to constitute the bond will not exceed fifteen (15) days after the
appointment, without which the position will not be taken.

44) Indicate the length of time practicing law that the requirements
established by the Plurinational Notarial Law require at least in order to
apply for the notarial function; and justify the required specialty in the
subject of law.

Have a professional law degree for six (6) years;

The requirement of practicing law on the part of the future notary ensures the
experience and knowledge necessary to perform notarial functions efficiently.

44) How will government notaries provide the notarial function in relation
to the way documents are prepared?

The provisions of the special notarial regulations (Law 483) apply to Government
Notaries regarding the way in which public deeds and public instruments are
prepared.

45) Establish the disciplinary responsibility of Government Notaries.

Notaries and government notaries are subject to the public service liability regime.

46) Mention the acts that are prohibited for consular officials in notarial
practice.

- Act through voluntary notarial means.

- Protesting securities.
- Act in auctions.
- Prepare opening and closing minutes of notarial protocols.

47) Describe the effect of failure to comply with the deadline granted for the
provision of the guarantee and bond.

If the civil liability insurance or bond is not presented within the specified deadlines,
the appointment resolution will be void.

48) What Authorities possess public notaries once said officials are
appointed.

The Director of the Plurinational Notary or the Departmental Director will appoint
the notary or public notary.

49) What is the document that determines the cessation of the functions of a
public notary?

The cessation will be determined through a reasoned Administrative Resolution

50) Indicate the period granted by law for the delivery of the documents to
the new notary once the cessation of functions has occurred.

When the notary or the notary ceases to perform their functions, they must deliver
the notarial file in their charge to the new notary or to the new notary in possession,
within a maximum period of ninety (90) calendar days.