Few Perspectives on the Comparative Law Concerning Notarial Activity

• Author: Bogdan Ciuca, PhD
• Position: Senior Lecturer. University ,,Danubius" of Galati
• Pages: 1-3

Page 1

In Romania, the notary public is attributed with an autonomous position, but also exercises a service of public interest and the law does not exactly state whether or not the notary public is a public officer. In other states this statute is clearly provided by the law. For example, the first article in The Notary's Law from Spain defines the notary as "...the public officer who is authorized , in compliance with the laws of the country, to certify contracts as well as other extra-judiciary documents."

The Notary's Regulation issued in the very same country explicitly provides that "notaries public are at the same time professionals of law as well as public officers." In a similar approach, Law no. 14/1991 from Poland¹, on notarial activity, provides in art 2 that: the notary exercises their duties as public officers and benefit from the protection ensured to public officers. Furthermore, the Law on the organization of the public notaries offices in Belgium clearly delineates in art. 1 the notary as a public officer.

In Law no. 1153/1997 on notaries from the Moldavia Republic, states that the notary has the status of an autonomous position but is at the same time recognized as being irremovable.

As regards the notary's territorial competence, it is set in Germany depending on the territorial jurisdiction of the Court of Appeal as well, where the notary public office operates. In Romania, as well as in Austria, Spain, France, Italy, Poland and Russia, this competence is set depending on the territorial jurisdiction of the Court, while in Canada the territorial jurisdiction of the notaries in unlimited. In Argentina, the notarial competence stretches to the limits of the district where the notary exercises his or her duties. In Hungary, the territorial competence of the notary is determined by The Ministry of Justice while in The Czech Republic by the Court of Appeal in whose jurisdiction the notary office operates.

With regard to the character of the tasks fulfilled by the notary public, in Romanian as well as the statutory documents from the Moldavia Republic, it is proven that the document drafted by the notary is of public authority and may serve asPage 2evidence in a Court of Law. The Belgian law sets that the documents concluded before a notary are authentic and their authority equals those issued by public authorities. The Law on the organization of the notary from this country provides the notary with broad competence and the...