in the region that also follow the Latin notarial system, such as Uruguay67 and Nicaragua,68 do not establish a total restriction of the notarial function based on nationality; rather, foreign nationals must comply with some additional requirements. Meanwhile, the laws of Costa Rica establish the principle of reciprocity and, according to this, a foreign national is able to exercise the profession of notary in Costa Rican territory only when Costa Rican notaries are accorded the same benefit in the foreign national’s country of origin.69 56. From the foregoing, the Court understands that the Latin-type notary system prevails in the region and that most legal systems of the countries that follow this system establish nationality as a requirement for the exercise of the notarial profession. Under this system, it is mainly understood that notaries exercise a public function on behalf of the State and the documents they produce are considered authentic. The attestation authority vested in the notary confers legal security and certainty on the expression of intention between the parties. Moreover, some legal systems grant notaries competence in relation to voluntary jurisdiction and, on this basis, they exercise the functions inherent in this jurisdiction in non-contentious cases. 57. Guatemala has adopted the Latin-type notarial system. According to the laws of Guatemala, the notarial function is regulated principally by the Notarial Code, which establishes that “the notary has the legal authority to authenticate and register the acts and contracts in which he intervenes pursuant to the law or at the request of a party” (supra para. 21). The Guatemalan notarial system is numerus apertus, which signifies that the number of notaries in the country is not limited; rather, to be a notary it is only necessary to comply with the legal requirements of nationality, domicile, professional degree, and registration (supra para. 21). 58. Regarding the nationality requirement, in its amicus curiae, the Guatemalan Institute of Notarial Law indicated that, following Decree No. 1563 of August 20, 1934, the requirement to be a Guatemalan citizen by birth was established as a condition for authorizing the exercise of the notarial profession. However, when deciding the application for amparo filed by the alleged victim in this case, the Guatemalan Constitutional Court ordered that Mr. Hendrix be authorized to exercise the notarial profession once he acquired Guatemalan nationality by naturalization, considering that article 2 of the Notarial Code should be interpreted in light of article 146 of the Constitution, according to which: “naturalized Guatemalans shall have the same rights as Guatemalans by birth,” subject to the limitations established in the Constitution, and the fact that the Constitution did not include restrictions related to the exercise of the notarial profession (supra para. 34). years professional experience.” Cf. Registration and Notaries Law, art. 69. Consulted on July 18, 2022. Available at: https://app.vlex.com/#search/jurisdiction:VE/ ley+de+registros+y+notarias/WW/vid/879958351. 67 Article 2 of the 1878 Notarial Organic Law originally established legal or natural citizenship as an essential requirement for the exercise of notary functions. In 1926, the citizenship requirement was revoked and substituted in the Notarial Regulations as follows: “Art. 2. To be a notary public and exercise the profession, it is necessary: […] (e) in the case of a foreigner, also, to prove that he has resided in the country for three years if he is married and for four years if single.” Cf. Decree Law No. 1421, Notarial Organic Law and Notarial Regulations. Consulted on July 18, 2022. Available at: https://www.aeu.org.uy/Documentos/Ley-Organica-yReglamento-Notarialuc996#:~:text=La%20Ley%20Org%C3%A1nica%20Notarial%20y,el%20ejercicio%20de %20sus%20funciones. 68 “Article 10. […] For a notary who has been admitted or incorporated to be able to exercise his profession, it is necessary that the Supreme Court of Justice authorize this after he has complied with the following requirements: […] b. Presentation of the academic degree issued by the respective Faculty and, if he is a foreign national, the government decree recognizing this. […].” Cf. Notarial Law. Consulted on July 15, 2022. Available at: https://www.registropublico.gob.ni/Files/PDF/MarcoLegal/Leyes/Ley-Notariado.pdf 69 “Article 3. Requirements. To be a public notary and exercise such functions, the following requirements must be met: […] Foreign nationals who comply with the preceding requirements may exercise notary functions provided that the same benefit is accorded to Costa Rican notaries in their country of origin, in equal conditions.” Cf. Law No. 7764, Notarial Code, art. 3. Consulted on July 15, 2022. Available at: http://www. pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?nValor1=1&nValor2=42683 18