威尼斯的公证人与法律:一门学科的发展

Q4 Social Sciences
Silvia Gasparini
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引用次数: 0

摘要

本文介绍了威尼斯公证行业在制作私人契约(instrumenta)和公共文书(acta)方面的发展。在中世纪,这两项工作都由神职人员负责。公社成立后,设立了一个大法官办公室,负责将契约和文书分别存档。一位非神职的大法官负责组织神职人员中的书记员,他们也撰写私人契约。由于对公证活动的要求越来越严格,因此实施了一项精心挑选的政策。公证活动的两个领域开始分化。1433 年,教皇诏书禁止牧师在世俗机构中担任办事员。这标志着大法官办公室人员开始更替,新的书记员从非专业人员中挑选。威尼斯公民身份作为获得大法官职位的主要条件,受到了严格的控制。类似的标准也适用于私人公证人:经过一些成功的测试后,1514 年最终制定了入职程序,并成立了公证人学院。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Notaries and the law in Venice: development of a discipline
The paper follows the development of the notary profession in Venice in the production of private deeds (instrumenta) and public acts (acta). In the Middle Ages, both activities were performed by the clergy. With the advent of the Commune, a Chancery was instituted to archive separately the acta, as well as the instrumenta. A lay Great Chancellor organised clerks who were members of the clergy, and they also wrote private deeds. As the requirements of the notarial activity became stricter, a policy of careful selection was implemented. The two fields of the notarial activity began to differentiate. In 1433, a papal bull forbade priests to work as clerks in secular institutions. It marked the beginning of a turnover in the Chancery staff, the new clerks being chosen among laymen. Close control was kept on Venetian citizenship as the main requisite to access Chancery posts. Similar criteria were applied to private notaries: after some successful tests, in 1514 a procedure for admission to the profession, and a College of Notaries, were finally instituted.
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来源期刊
Italian Review of Legal History
Italian Review of Legal History Social Sciences-Law
CiteScore
0.10
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0.00%
发文量
24
审稿时长
10 weeks
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