Art. 25. The exercise of notarial and recording functions is incompatible with the
exercise of law, the intermediation of such services or any other position, employment
or public function, even though it be by commission.
Colombia172
ARTICLE 10. The exercise of the notarial function is incompatible with that of any
public post or employment; with the private or official management of other business;
with the exercise of law; with that of political representation functions; with the
condition of minister of any religion; with that of the functions of executor, guardian,
auxiliary of justice; with intervention in politics, other than exercising the vote and, in
general, with any activity that could prejudice the exercise of the function.
Ecuador173
Art. 38. Composition of the judiciary. The following are members of the judiciary and, in
general, are referred to as servants of the judiciary:
5. Notaries and other servants of the judiciary who provide their services in the auxiliary
organs of the judiciary.
Art. 103. Prohibitions. Servants of the judiciary are prohibited from:
12. Exercising the liberal profession of lawyer directly or through an
intermediary.
Panama174
Art. 2121. The function of notary is incompatible with any other function of the
administrative or judicial branch, and with the exercise of law.
Paraguay175
Art. 97. The exercise of the profession of lawyer or prosecutor is incompatible with the
post of public official attached to the Executive or to the Judiciary, or as a member of the
Police or Armed Forces in active service. […]
Thos who exercise the profession of notary or notary public may not register as
a lawyer.
119. I note, therefore, that the analysis would be methodologically more appropriate if
it took into consideration the countries that accept the concomitant exercise of the
functions of both notary and lawyer. In my opinion, the countries located principally in
Central America can provided a more fertile terrain for the use of comparative law in
relation to Guatemala. For example:
El Salvador176
Cf. Decree 960 of 1970 (Colombia). Available at: https://www.funcionpublica.gov.co/eva/gestornormativo/
norma.php?i=149249#:~:text=Notariado%20y%20Registro-,Expide%20el%20estatuto%20del%20Notariado.,
Superintendencia%20de%20Notariado%20y%20Registro. Consulted on May 4, 2023.
172
Cf. Organic Code of the Judicial Function (Ecuador). Available at:
judicial.gob.ec/www/pdf/ normativa/codigo_organico_fj.pdf. Consulted on May 4, 2023.
173
https://www.Funcion
Cf. Administrative Code (Panama). Available at: https://vlex.com.pa/vid/codigo-administrativo-41025245.
Consulted on May 4, 2023.
174
Cf. Code of Judicial Organization, Law 879 (Paraguay). Available at: https://www.bacn.gov.py/leyesparaguayas/2321/ley-n-879-codigo-de-organizacionjudicial#:~:text=Art.,IX%20de%20la%20Constituci%C3%
B3n %20Nacional. Consulted on May 4, 2023.
175
Cf. Decree 296 of 1992 (El Salvador). Available at: http://www.oas.org/juridico/spanish/mesicic3_slv_
transferencia.pdf. Consulted on May 4, 2023.
176
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