Notarial law Essay Example | Topics and Well Written Essays - 2000 words

Notarial law - Essay Example Even if it were agreed that notaries should judge whether document signers comprehend the documents being executed, precisely what does that mean' What is the legal test of whether a signer comprehends a document being executed' One version of a legal standard for a signer to comprehend a document is whether the signer understands both the detailed substance of the terms of the document and the practical and legal consequences of the instrument. If this is the test, the mental competence of the signer would necessarily be implicated, for a signer could not possibly comprehend the full meaning and import of a document if the signer were mentally incapacitated. 5Obviously though, even a competent individual might not comprehend a particular instrument. Further, substantial confusion is caused by the imprecise use of the concepts of "competence" and "comprehension."6 As suggested above, while competence refers to one's ability to understand the nature and consequences of his/her transactions generally, comprehension refers to one's actual understanding of the nature and consequences of the particular transaction.7 Yet, these definitions are regularly substituted for one an other, just as the terms competence and comprehension are in artfully interchanged as though they were synonymous. 8 Now, the entire discussion leads one to the most important moot point of notaries verifying Power of Attorney documents. There can be no doubt that power of attorney is the most powerful document as it entrusts someone with all powers of another to represent him and act completely on his behalf .Therefore , it is necessary that signing of such document is duly notarized and validated as it may be tool of defrauding people This is essentially why it is so vital to ensure that such super powerful documents are notarized and following the reasoning already laid out in this paper , in matters of such importance , the notary public should try and find out if the signor is competent to sign and also has comprehended what he is signing . A possible version of the legal test of document signer comprehension is that the signer appreciates merely the general nature of the document (i.e. the kind of instrument being executed). Not only do the authors not object to the imposition of a duty on notaries consistent with this notion of document signer comprehension, but we endorse it. 9 However, one may safely presume it is the former definition of document comprehension, or a comparable meaning, that the proponents of a duty of notaries to determine document signer comprehension have in mind.10 For example, in his book Notary Public Handbook, Alfred Piombino seems to advocate such a heightened duty for the notary, for he suggests (during his discussion of "competency") that the notary should inquire into the signer's understanding of "the nature of the act to be performed" as well

When and why did historians become interested in the history of women Essay

When and why did historians become interested in the history of women - Essay Example This is of course due to the fact that it took a fundamental shift with regards to the way in which colonized people were understood and appreciated in order for the history of this particular. To be analyzed through a different lens. Naturally, it cannot be understood that the particular unit of focus that has been utilized throughout the current era is the most effective. For purposes of this analytical research project, the author will discuss the way in which why and when historians came to be interested in women’s issues and history that these stakeholders had participated/endured. Naturally, in order to answer such a research question, a fundamental and full-bodied approach to women’s issues and the manner through which historians began to integrate with them, as well as the causal factors for why this took place, must be analyzed. Accordingly, this student will present the reader with a greater level of understanding with regards to the impact that movements conc erning egalitarianism, equality, liberty, self-determination, and eventually women’s suffrage had with respect to the way in which these determinants were eventually accepted by historians as a valuable means of determining the way in which past history had taken place and the inference that could be drawn from it (Osterud 267). Firstly, it must be argued that merely because historians did not pay a close level of attention to the way in which women impacted history and their overall contributions to it, the reader should not come to the conclusion that these interpretations of history were correct. Rather, since the beginning of recorded history, and long before this time, women continue to represent fully half of the extent human population. As such, these women were vital stakeholders with respect to the way in which societies grew and cultural interpretations/legends/myths/religion were inferred and imparted to subsequent generations (Tharne 34). Accordingly, seeking to d istance oneself from the fact that women only recently began to have an impact upon history and the means through which it is understood is and oversight of the most severe degree. Even though women within early modern and pre-modern society were most certainly constrained by a great litany of patriarchal norms, they nonetheless were able to have profound levels of impact with regards to the way in which these societies evolved and furthered themselves (Schwarts 775). Few historians argue that the past several hundred years have evidenced a rapid degree of change and growth with regards the way in which society is organized and integrated with other societies. Yet, it must not be understood that the change with regards to how women were viewed and how historians and scholars came to view their contributions to history was something of a watershed moment (Wenming 74). Instead, the process was gradual; punctuated by key events throughout several decades. It is the ultimate premise an understanding of this author that the increased level of development, both technological and philosophical, is the main determinant for why women studies, the impact of women in history, and a general focus upon women’s roles and world affairs has shifted of late (McDermid 254). Although it is difficult and somewhat dangerous to delineate a specific time in which this shift ultimately occurred, it must be noted that the core precursors to this happening can be