María del Pilar Rábade Obradó
DOI:
https://doi.org/10.3989/aem.1991.v21.1110Abstract
In this study, we analyze some of the main lines that guide the special situation of the notary institution just after the Middle Ages. This situation is characterised by the conspicuous contradiction between the strict legislation and the weariness to implement it. This contradiction becomes evident in the distribution of charges of titular clerk and clerk of the Municipal Council. The distribution used to degenerate in dense conflicts between the Crown and the Municipal Council and none of the two possible ways of allocation was totally free of abuses and corruption, since in both cases the charges could favorise those who knew how to have an influence on the power, not attending the requeriments of professional abilites. Nobody managed to escape this kind of practice, not even the Catholic Kings who tried so much, during the «Cortes» of Toledo in 1480, to reorganize the notary institution so ill-treated after the reigns of Juan II and Enrique IV.
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