Digitalisation and dejudicialisation at the heart of the 91 member Notariats´ meetings in Brasilia


Digitalisation and dejudicialisation at the heart of the 91 member Notariats´ meetings in Brasilia


The Brazilian Notariat hosted UINL's institutional meetings (CAAm, Commissions, Working Groups, Steering Committee, General Council and General Assembly of Member Notariats) in Brasilia, between November 6 and 10, 2023. 

A major symposium on two important themes of the legislature, Digitalization and Dejudicialisation took place during the joint meeting of the General Assembly and the General Council. 

During the first round table, moderated by Brazilian notary Ubiratan Guimarães, France (represented by Thierry Vachon), Mexico (Marco Antonio Ruiz Aguirre), the Czech Republic (Sarka Tlaskova), Morocco (Hicham Sabiry), Brazil (represented by its President, Giselle Oliveira de Barros), Quebec (represented by its President, Hélène Potvin) and Estonia (Anne Saaber) shared experiences on electronic authentic instruments and online appearance. 

The Italian notaries, Corrado Malberti and Carlo Alberto Marcoz, then presented the stakes of online appearance (challenges and guarantees provided by the norarial profession) and the guidelines to be followed. 

The summary report was brilliantly produced by Quebec professor Naivi Chicok Barreda. 

The symposium continued in the afternoon on the theme of dejudicialisation. 

The round tables, moderated by Italian notary Valentina Rubertelli, highlighted the diversity of competences entrusted to notaries in the “Dejudicialisation” movement.

The following speakers took the floor: 

-Homero Lopez Obando, President of the American Affairs Commission (CAAm), on the theme of dejudicialisation movement in Latin America;

-Jens Bormann and Larissa Oebel (Germany) and Adam Toth (Hungary), who showed that in succession matters, the competences of judges and notaries are permeable;

-Aida Diawara Diagne (President of the Chamber of Notaries of Senegal) on the dejudicialisation perspectives in Africa concerning the settlement of estates;

-Juan Carlos Peralta Castellano (Peru), Lorena Isabel Flores Estrada (Guatemala), Hercules Alexandre da Costa Benicio, Pr. José Fernando Simao (Brazil), Ana Luisa Chelaru (Romania), Bojan Podgorsek (Slovenia), on the subject of notarial competences relating to couples (marriage, partnership, divorce before a notary);

-Spanish notary Almudena Castro Girona, Japanese notary Inaba Kazuo and Italian notary Giovanni Liotta, on the subject of vulnerable persons (powers of representation, voluntary guardianship, notarial authorizations, etc.).

-Argentine and Quebec Professors Cristina Armella and Christine Morin, on the theme of parentage establishment (medically assisted reproduction, surrogacy agreements, adoption, etc.)

-French, German and Chinese notaries (Corinne Dessertenne Brossard, Lovro Tomasic and Zhang Kaifang), on the opportunities of collaboration between judges and notaries (in judicial divisions, notarial agreements during judicial proceedings, in auxiliary judicial affairs…).

To conclude the event, the Secretary General of the International Association of Judges, Giacomo Oberto, spoke on the complementary nature and proximity of the professions of judge and notary, and the UINL Secretary, Thierry Vachon, summarized best practices and areas in which dejudicialisation is possible. 

Finally, a contribution agreement between UINL and UIM was signed by the two organizations' representatives, Lionel Galliez and Giacomo Oberto, to work together on dejudicialisation paths, understood as the movement aiming to relieve the courts of a series of non-contentious tasks, with the aim of improving the public service of justice.

The day after the symposium, the UINL presented recommendations to member notariats on notarial instruments with online appearance and on dejudicialisation. 



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