In our country, in the last decades, different Agreements, Treaties and Internacional Commerial Contracts that include goods, investments and services have been signed. There is the Free Trae Agreement, Agreements for the Promotion and Reciprocal Protection of Investments an Economic Complementary Agreements whose object and aim is the reduction of taxes and making the administrative procedures more effective in the area of goods an services.
México’s comercial route has become worldwide with the use of different comercial strategies. With the opening up of the world market México has become one of the first export and import powers in Latin America. Mexico must face the challenge of the new economy and in order to do so requires an appropriate legal system because international commrce demands a judicial structure that will speed up the intense international traffic. To accomplish this, the available tolos are diverse; an example being the Internet, which generates comercial operations almost instantaneously.
Due to the above the participation of the Notary is basic; the Notary is the guarantor to ensure that the negotiations occur with full juicial certitude so that the participants are completely confident in the full security and guarantee of the soundness and success of the deal. The acivity of the Notary in the global economy is not limited to certifying documents, rather the Notary’s intervention now takes place in comercial, real estate and environmental projects.
The Notary oversees the care and judicial protection of the atmosphere, the wáter and the land and demands the fulfillment of the laws in each of these areas. The notary also participates in ensuring the judicial rights in Family law and recognizing a persons individual rights: an example being the Washington Protocol which refers to the judicial security in the transit of persons and goods, that is, the Notary gives judicial security to this activity. The fuction of the Notary is nowconsidered a preventive action in litigations and defense for the patrimony of the country, to such an extent that we, the Notary Publics, look for a permanent intervention that will avoid judicial controvesies so that we can fulfill the saying, “Notary open, Court of Law closed”.
The free trade agreements demand clarity and respect for investments and we, the Notary Publics, must oversee that the contracts are correctly drawn up. Correct Notary Public intervetion provides a barrier to corruption and guarantees nd increases the viability of the business. The safeguard of judicial security, the harmony, justice and social peace are guaranteed in the figure of the Notary Public as an expert in national law an its implications.
Public as an expert in national law and its implications. The task of the Notary should be active and within the new global context should become part of international mediation and arbitration panels. The Notary with his experience, knowledge and prudence must be able to harmonize the divergent interests, serve in the restoration of judicial peace and security and moreover, he will be an effective help in the national and international tribunals to assist in the solution of problems that are at times an obstacle in the country’s economic strengthening and investment.
Lic. José Luis Reyes Vázquez / Notaría Pública 31, Nuevo Vallarta, Nayarit, México