La naturaleza jurídica de la figura del notario

Abstract

This work, has as its purpose, determine the legal nature of the notary, starting from its concept, and its historical evolution, compiling the different institutions that have been related to the notarial issue, once done, it will proceed to confront the Jurisprudence, proffered both, by the Honorable Constitutional Court, as by as enacted by the Honorable “Consejo de Estado”, in this way, the thesis of one of these High Corporations will be adopted, as a consequence, of the current conflict that has arisen, on the quality of the notary, since this discrepancy It has taken force on the occasion of the last sentences handed down by the “Consejo de Estado”, which in its opinion has modified and adopted a new position on the legal nature of this institution. All this in order to guide, and give clarity in the face of the true quality of the notary, among other things, to be able to determine, its applicable regime, the competent jurisdiction and in general, for all its legal effects.