Friday, April 22, 2011

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DEFENSE OF NEIGHBOR ASSOCIATION NONPROFIT CIVIL SUNARP Record-Seat A-1 of Item No. 11043003, RUC No. 20494728541, registered with the Association File No. 041-2009-AC/CPC in the register of the Commission Consumer Protection INDECOPI, associated with the National Council of Consumers and Users of Peru (CONACUP). BOARD ------------------------------ DEANS OF SCHOOLS OF NOTARIES OF PERU ISSUES REPORT ON ADMINISTRATIVE PROCESSES TO INDECOPI A NOTARIES DEL CUSCO
On April 5, 2011, Villavicencio Francisco Cardenas as President of the BOARD OF DEANS OF SCHOOLS OF NOTARIES OF PERU INDECOPI refers to a voluminous report on the scope and nature of the notarial function in relation to the 11 administrative complaints made by the OFFICE OF NEIGHBOR an equal number of notaries in the City of Cusco accessibly not display price lists as required by Code and Consumer Protection, infringement found by the Consumer Affairs Authority of the City. The report has 50 pages, is made and sustained by the legal counsel of the Board of Deans, the STUDY Echecopar, expressed in summary as follows: 1 .- Notaries are private practitioners clearly exercising public functions to be considered delegate of the agent, their fees paid by companies located outside the state structure. The legal-administrative status of notary services and public services is inappropriate. 2 .- With respect to the obligation to display price lists, compliance is not required of notaries by providing professional services as non-commercial, not under the category of commercial providers. 3 .- The notaries offer consumers a variety of services, which cost many times depends on the order of the question, its scope or complexity. In that sense, in regard to the provision of most services by the notaries, face is not fixed rates, which may result in a price list. The position and the foundations of the OFFICE OF NEIGHBOR is that notaries are not civil servants. Given that provide services in private and customary in an economic merit certainly varies according to the act that are expected to perform, constituting a ratio of consumption subject to the rules of consumer protection. Also, the case law, the highest court the Court of INDECOPI previously has expressed its views if it exerts a notary public or not, being a service provider, by Resolution No. 947-2009 SC2/INDECOPI. The Notaries are free to price their services, but are required to display on their premises easily detectable full list of their fees, so ordered by the Article 5 of Law 29571 Code and Consumer Protection. The notary service users have the right to view and analyze the price lists as well as established by law, the services of the reward offered cheaper and punish not hiring the most expensive offering is the law of the market. Complaints to all notaries of Cusco was filed on December 31, 2010, the Commission's regional office in Cusco INDECOPI must decide within 120 days of term, and about to expire. We call upon the notary to comply with the law, advertising the prices of their services in an accessible way, to respect the rights of users, continue to denounce. Ica, April 2011.

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