A PROFESSION WITH 800 YEARS OF HISTORY

In Portugal, a notary is a profession with 800 years of history.

In the reign of D. Afonso II (1211-1223), we find public officials entitled commissioners of oaths.

In Afonso III’s reign (1248-1279), the royal notary appears and becomes permanent under the authority of the king's chancellor.

In D. Dinis’s reign (1279-1325), the professional activity of the commissioners of oaths becomes originally regulated in very rudimentary terms in the regiment of 1305.

In D. Afonso IV’s reign (1325-1357), the regiment of 1340 completes the regulation and the profession already appears treated with some development in the Afonsine and Manueline Orders and, especially in the Filipine Orders. The institution is regulated by the previously mentioned during the entire Old Regimen and also at the time of the constitutional monarchy, until the end of the 19th century.

By Decree of 23.12.1899, the 1st degree appears showing a judicial organic itself, where notaries are elevated to the category of magistrates of voluntary jurisdiction, defining the competency of the notary, determining his/her rights and obligations, regulating disciplinary responsibility, creating the Superior Council of the Notary and establishing an ensemble of requirements that deeds, testaments and other documents must follow.

The Decree of 2.4 1928 that promulgated the 1st Notary Code was the legislative progress on the way to the evolution of notary organization.

The code of 1935 and its successive alterations constitutes today the basis-degree of the modern notary.

Historical review kindly corrected by Professor Bernardo de Sá Nogueira, professor at the Faculdade de Letras de Lisboa (Faculty of Arts of Lisbon)