a law degree,111 the constant scrutiny of the authorities and the collegiate bodies,112 and respect for the ethical rules that guide the exercise of the profession at the national and international levels.113 Additionally, in the document: “Deontology and Rules of Organization for Notariats,” the UINL establishes that it is compulsory for notaries to be members of the national professional association responsible for the scrutiny of the notarial activity,114 as well as the power of the State to scrutinize, check, inspect and sanction notarial activities, either directly or through the notarial association.115 70. The requirements indicated by the UINL are suitable means to control the notarial function, are able to support the objectives sought by the Guatemalan State, and do not impose any distinction between nationals and non-nationals for the exercise of the notarial profession. Guatemala already possesses mechanisms that meet the standards of the International Union of Notaries for preventive oversight of the notarial activity by requiring a university degree (art. 2 of the Notarial Code) and compulsory membership in the Guatemalan Lawyers and Notaries Professional Association pursuant to Decree 72-2001. 71. Should the notary act improperly, the laws of Guatemala also establish repressive monitoring mechanisms and the establishment of legal responsibility. And, despite the presumption of the authenticity of the documents produced by notaries, pursuant to the Guatemalan Code of Civil and Commercial Procedure, the parties may allege their nullity or falsity.116 If such irregularities are proved, the notary may be held responsible in the disciplinary, administrative, civil or criminal sphere.117 72. If, by act or omission, the notary fails to comply with a legal duty or acts with malice, unjustifiable ignorance, negligence or fault, he must compensate the person prejudiced,118 pursuant to article 1645 of the Guatemalan Civil Code119 Also, article 5 of 111 Cf. Fundamental principles of the International Union of Latin Notaries. Principle 13. “The law in each State determines the conditions governing access to the profession of Notary and the holding of public office as a Notary. It establishes what examinations and qualifications are to be considered necessary and demands that candidates should always have a law degree and the highest legal qualification.” 112 Cf. Fundamental principles of the International Union of Latin Notaries. Principle 14. “The law of each State determines the disciplinary code that applies to Notaries, who are to be under the constant supervision of their public authorities and collegiate bodies.” Cf. Fundamental principles of the International Union of Latin Notaries. Principle 19. “Notaries are obliged to respect the deontological rules of their profession at both the national and the international level.” 113 114 Cf. Article 21, Deontology and Rules of Organization for https://www.uinl.org/organizacion-de-la-funcion. Consulted on May 4, 2023. Notariats. Available at: Cf. Article 26. Deontology and Rules of Organization for https://www.uinl.org/organizacion-de-la-funcion. Consulted on May 4, 2023. Notariats. Available at: 115 Cf. Code of Civil and Commercial Procedure of Guatemala. Article 186. “Authenticity of documents. Documents authorized by notary or by public official or employee in the exercise of their functions, shall be considered authentic and constitute conclusive proof, subject to the right of the parties to contest them alleging nullity or falsity. The other documents referred to in articles 177 and 178, as well as private documents that are duly signed by the parties, shall be considered authentic in the absence of evidence to the contrary. The contestation by the opposite party shall be made within ten days of notification of the resolution admitting the evidence. However, private documents shall only have effects vis-à-vis third parties as of the date on which they have been recognized before a competent judge or legalized by a notary.” 116 Cf. Code of Civil and Commercial Procedure of Guatemala. Article 187. “Contestation of documents. The party who contests a private or public document presented by the opposite party, shall specify in his brief the reasons for the contestation with the greatest possible precision. This brief will form a separate file, to be processed according to the procedure for incidental matters, and the decision issued may be appealed. If the contestation of the document has not been decided when the time limit for presenting evidence expires, the judge may suspend the main proceedings until the incidental matter has been decided, if he considers that this is essential for the judgment. If, when the incidental matter relating to the contestation is decided, it is declared that the document is partially or totally false, the original file or a certification by the pertinent party, shall be forwarded to the respective criminal judge. The criminal proceedings for falsity do not detain or modify the conclusions of the civil proceedings.” 117 118 Cf. Answering brief of June 14, 2021, paras. 63 and 64. Cf. Civil Code of Guatemala. Article 1645. “Anyone who causes harm or prejudice to another person, either intentionally, or due to negligence or imprudence, is obliged to redress this, except if he proves that the harm or prejudice occurred due to the inexcusable negligence or fault of the victim.” 119 19