DEREGULATION AND REGISTRATION

On September 13, 1803 the aforementioned Royal Decree was published, which revoked the obligation to be qualified to exercise the profession, but imposed limitations to control the excesses that had been noticed. Thus, this Royal Decree continues explaining that “the lack of sufficient capacity, or special practice; the prejudice entailed by being distracted from the occupations of each job, profession or trade; the inconvenience and expense resulting from long trips; the considerations involved by a certain position; the embarrassment derived from certain habits of comfort, an advanced age or a disease, these and other similar ones frequently force to the individuals and corporations to entrust to strangers some businesses in exchange of a certain reward. Such a habit has been practiced since long time ago and will have progressed in line with social relationships. The advantage for the (business) agent of multiplying his earnings by embracing many matters at once, and the correlative advantage for the principal with less the services of the former, have also suggested since long time ago the idea of converting the casual occupation of the agencies into a profession.”

In view of the excesses produced by the deregulation of business agents, Carlos IV, on December 18, 1804, ordered that all the solicitors and business agents working in the Court should register within fifteen days from the publication of the rule (Ley 1, Titulo XVII, Libro IV de la Novísima Recopilación de las Leyes de España).

Arrazola points out that Royal Decree of 20 January 1815, prohibits the managers and employees of the Royal Offices to involve themselves in the promotion of litigations, instances, appeals and other requests, recognizing that such work must be performed by court barristers and authorized persons.

This provision informs that originally, the so-called business agents and barristers intervened jointly or severally, and that the competences of both professions had not been defined. However confused situation became more clear and thus article 104 of the Regulation of the Supreme Court dated 17 October, 1835, establishes that “The so-called business agents may not intervene in those issues pertaining to the jurisdiction of the Court “.

On 23 March 1845, Gaceta de Madrid published a circular of the Ministry of Justice, denouncing that “despite the fact that several communications have been sent by the so-called business agents to the first instance judges and prosecutors, making good certain inaccurate data” they should understand that this class of circulars are inaccurate in their content and they have been sent with the sinister purpose of surprising their credulity and illegally collecting money from them “.