FACULTY OFFICE

NOTARIES (QUALIFICATION) (AMENDMENT) RULES 2008

 

We, SHEILA MORAG CLARK CAMERON One of Her Majesty's Counsel, Commissary or Master of the Faculties of the Most Reverend  Father in God ROWAN DOUGLAS by Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan in exercise of the powers conferred by section 4 of the Public Notaries Act 1843 and section 57 of the Courts and Legal Services Act 1990 and of all other powers Us enabling hereby make the following Rules:

 

1          Citation and Commencement

 

These rules may be cited as the Notaries (Qualification) (Amendment) Rules 2008  and shall come into force on the 1st day of June 2008.

 

2          Interpretation

 

In these rules:

 

'The 1998 Rules' means the Notaries (Qualification) Rules 1998

 

 

3          Amendment to 1998 Rules

Schedule 2 “Prescribed Subjects” shall be amended as follows

 

“5.       Roman Law as Introduction to Civil-Law Systems

 

·        The law of obligations: contract – including quasi contractual obligations; the development of agency ; delict and its development

 

·        The law of property: classifications; the concept of ownership; rights attached to property

 

·        The law of persons: issues of personal status; Patria potestas; marriage and divorce

 

·        The law of succession: wills and intestacy; the position of heirs; legacies and fideicommissa

 

·        Issues of Procedure and Evidence where modern parallels apply.”

 

“7.       Private International Law

 

·        Structure of conflict of laws; jurisdiction; choice of law; recognition and enforcement; proof of foreign law

 

·        Classification (characterization) and the distinction between rules of substance and rules of procedure

 

·        Domicile and residence

 

·        Introduction to choice of law: contractual obligations; tortious obligations; moveable and immoveable property; husband and wife and civil partnerships; succession

 

·        Introduction to the jurisdiction of the English courts

 

·        Recognition and enforcement of foreign judgments; arbitration awards and authentic instruments.”

 

 

4.      Paragraphs 5 and 7 of Schedule 2 of the 1998 Rules are hereby revoked.

 

 

DATED this 30^th day of  May 2008

 

 

                                                  SHEILA CAMERON      

                                                                       

                                                                        ---------------------------------------------------------------

                                MASTER

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