Case 148

Corte Suprema de Justicia, Asunto de Castillo de Zambrano, Sentencia No. 148, 19 de agosto de 1992
Download Judgment: English Spanish
Country: Nicaragua
Region: Americas
Year: 1992
Court: Supreme Court of Justice
Health Topics: Occupational health
Tags: Employment, Occupational health and safety

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This case was about a notary public who did not file an index of a notarial protocol that was her duty to file because she had been under surgery and was recovering.  The question was whether her health condition excused her from filing such protocol with the authorities.

The Court held that a Notary Public is a role model who must abide by the laws that govern the nation.  Thus, the Court fined the petitioner, pursuant to art. 6 of Decree No. 1618, for “failing to perform her duty” to file the notarial protocol, despite the fact she was recovering from surgery.

“The matters set forth by doctor NIDIA VERONICA CASTILLO DE ZAMBRANA, do not justify breach of her notarial obligation, thus, in the judgment of this Supreme Tribunal, the referenced notary public must be subject to a penalty, as it is necessary that the Notary Public be a role model who abides by the laws that govern us, thus, she should be penalized with a fine in accordance with art. 6 of Decree No. 1618.”

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