Civil Law Notaries Research Articles

Exploring Contemporary Issues and Key Takeaways: A Comparative Analysis of Civil-Law Notary Laws in Indonesia and Louisiana

Notary as a public official authorized to make authentic deeds in each country has its own rules by adhering to the civil law and common law legal systems, this is specially true for Indonesia and Louisiana which have similarities in adhering to the civil law legal system. This study aims to compare the legal arrangements of notaries in Indonesia and Louisiana where to examine contemporary issues or important points found from legal comparisons. This method uses a type of normative legal research with a comparative approach, statute approach, and conceptual approach made from primary and secondary laws, which are collected using document research techniques in a description analysis. The results and findings of this comparative analysis are that there are significant differences related to notaries from countries that both adhere to the civil law legal system, this can be seen in terms of history, qualifications, duties and authorities to become a notary, sanctions and resolutions for violations that will occur. This legal difference raises interest in the realm of notaries which is expected through this research can be one of the supporting sources for the Indonesian state to discover the findings of notaries in various jurisdictions so as to improve positive law and or at least form a deeper body of knowledge in the field of notaries.

The Digitization of Notarial Tasks - A Comparative Overview and Outlook of ‘Cyber Notary’ In Indonesia and Germany

This article highlights the newer discussion of the term "cyber notary" in the Indonesian legal context and compares the discussion with the discussion on the use of digital instruments for German notaries. The article notes that the concept of cyber notary is being discussed in Germany and other EU-member states as well, where the integration of digital and cyber elements into the notary system is considered as a way to make processes more efficient, accessible, and secure. This includes the use of digital signatures, online notarization, the use of notarial blockchains, or secure digital storage for notarized documents. However, the implementation of cyber notary systems in Indonesia is still in a very early stage and not yet fully regulated. Consequently, it needs more discussion for the consistent integration of digital instruments for notarial work into the legal system of Indonesia. The article provides a comprehensive overview of the situation of the digitalization of notarial tasks in Indonesia. It presents some new developments in Germany that are relevant for cyber notaries and may be interesting for the development of digitalization of notarial work processes in Indonesia. Finally, the article will discuss some aspects of the ongoing digitalization that may affect the profession of notaries in the future. As in all legal professions, we are facing future disruptive developments through digitalization, namely with artificial intelligence, blockchain technology, or cloud computing. The article aims to show that AI and blockchain technology will not replace civil law notaries in the near and middle term but will be integrated into the daily work of notaries as supporting instruments.

The assertion of fundamental principles relating to civil law notaries in the 21st century with special focus on Hungary

In our present paper, we tried to introduce the principles of notaries through the Hungarian notary's glasses. We did this through the challenges of the 21st century. Prior to the detailed description of the principles, we introduced the position of the Hungarian notary, where we also discussed the provisions of the Hungarian Constitution. Subsequently, more important legislation on Hungarian notary was mentioned and we discussed the diverse notarial procedures. In this connection, it is important to note that not only the notarial deeds are found in the Hungarian notary's procedures, but also the keeping of notarial registers. The paper deals with the responsibility of notary, the notary's and advertising relationships, the emergence of electronization and digitization. The paper presents the most important principles of notaries, including the principle of independence, impartiality and public authenticity.

Final Income Tax: A Classic Contemporary Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia

Legal profession such as advocate, law consultant and civil law notary is a profession in law that plays a dominant role in providing legal services to the Indonesian public. By providing the legal services, they are entitled to receive honorarium in return. Empirical facts actually show that these legal professions’ tax compliance are still lacking. Main questions in this research are the legal aspects related to income tax on honorariums received by legal professions in connection with the legal services they provide and the concept of reconstruction to the laws and regulations related to income tax on honorarium received by legal professions. This research will answer the legal aspects related to the laws on income tax on these legal professions’ honorarium in Indonesia and the concept of reconstruction of the regulations related to income tax on these legal professions’ honorarium so that it may provide positive impetus to the legal profession’s tax compliance, and in turn contributes to the welfare of the nation. This normative juridical research approach is conducted using secondary data consisting of primary, secondary and tertiary legal materials. The aspects of the reconstruction are using the philosophical, constitutional and juridical paradigmatic studies with the Utilitarianism Theory by Jeremy Bentham, Progressive Legal Theory by Satjipto Rahardjo and Legal System Theory by Lawrence M. Friedman as basis of analysis. The results of this study found that there is a concept of contemporary reconstruction to the laws and regulations related to the income tax on honorarium received by legal professionals.

Controversial Issues on the Making of Notarial Deed Containing Chained Promise (Beding Berantai) on the Freedom of Contract Principle

In carrying out the duties as a civil law notary, it is possible that they find himself/herself composing a deed containing chained promise (beding berantai). Departing from this background, it can be drawn that the formulation of the problem, among others, how is the position of chained promise (beding) in Indonesian civil law order and how is the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). Another controversial issue is the chained beding faced with the freedom of contract principle. The purpose of this research is to understand the position of chained promise (beding) in Indonesian civil law order and the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). To answer the questions, a juridical normative approach is conducted. To obtain legal materials needed, it is then carried out by searching, collecting and reviewing library materials, legislation, research results, scientific works and other written documents. Data obtained from the result of study will then be analyzed qualitatively. From the results of study, it is known that chained promise (beding berantai) is an instrument or a way to transfer rights/obligations arising from an agreement to the party that obtains rights based on a special title. Recommendations given to the stakeholders are, namely civil law notary themselves in carrying out their duties and positions so that he/she could pay more attention to the points represented in his/her product of authentic (notarial) deed.

Psychological Contract as a Mediator of the Leadership- Turnover Intentions Relationship

We developed and tested a model examining the influence of leadership styles on the psychological contract of different generations of professionals and subsequently their turnover intentions. The study proposed that there is a relationship between leadership styles and psychological contract breach and subsequently the turnover intentions of legal professionals – lawyers, tax advisors, and (candidate) civil law notaries – working in professional service firms. Because of the strategic importance of human capital in a professional service firm, it is important for the continuity of the organization that they will retain their legal professionals and inspire young associates to become future shareholders.

„Köz”jegyző az egyházban

The current, traditional Latin-type civil law notaries do not exist within the organisation of the Roman Catholic Church. However, the ecclesiastical “notary” and the concept, function and activities of the civil law notary may be related, and even made parallel, which may support the idea of some common origin or development. My article discusses the reason why we may still speak of persons having quasi notarial competence within the church. Also, it purportsto describe the diplomatic mission of the Vatican, the tasks of the embassy, touching on the issue of legalization as well; moreover, it draws a parallel between the ecclesiastical clerk and the civil law notary from the aspect of civil legal principles, such as impartiality and independence, comparing them also in terms of appointment and similar elements concerning attestations. It covers the rules governing the preparation of instruments and the certification of copies in more detail, as well as the procedural function of the ecclesiastical clerk, the similarities concerning archives and the custody of documents, and finally presents the issue of removability and termination of office.

What a US Buyer Should Expect in a Dutch M&A Transaction

Doing deals in Europe is quite different from doing them in the United States. Transactions are often structured differently, including with respect to purchase price determination mechanisms. While typical U.S. style agreements are getting more recognized in Europe, it is important for US buyers and their lawyers to understand the different approaches in transaction documents. In addition, Dutch M&A transactions have some peculiarities to be aware of such as the possible requirement for employee and labour union involvement (in the negotiations) and the necessity to involve a Dutch civil law notary for the transfer of registered shares.

Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico

As the fourth contribution in the ‘Land’ section, this paper forms a research ‘diptych’ with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an ‘inefficient’ institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries’ social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements.

It’s Arbitration, But Not As We Know It: Reflections on Family Law Dispute Resolution

Until recently few jurisdictions have allowed arbitration of family law disputes, considering such arbitration to be contrary to public policy. But policies favouring private ordering, combined with pressures on family courts have encouraged reconsideration of the policy issues. This is notably true in common law jurisdictions. Similar developments in civil law jurisdictions are inhibited by the wording of national civil codes. Differences in substantive laws and in legal institutions also contribute to diverse assessments of the utility of arbitration: the role of the civil law notary in drawing up and dissolving a matrimonial property regime may be influential in this respect, while competitors to arbitration also include mediation, private judging, and the use of special masters and parenting co-ordinators. Where arbitration has been promoted, its scope has been limited to the financial consequences of divorce in some jurisdictions, while in others it extends also to child arrangements. Policy concerns are addressed through the development of enhanced protection for the parties to arbitration as compared to commercial cases, whether through case law or legislation. Key areas in which this has occurred include: the permissibility of an arbitration (as opposed to a submission) agreement; availability of an appeal or the intensity of review of an award; specification of the qualifications for arbitrators; and specific measures for the protection of children.

A fizetési meghagyás kibocsátása iránti kérelmek közjegyzői vizsgálata

2010 marked the opening of a new chapter inthe more than 120 years history of the Hungarian order for payment procedure. Breaking with the Hungarian traditions, the notaries became competent to carry out these procedures instead of courts. The Hungarian Chamber of Civil Law Notaries established an accessible web-based computerised system for support of procedures. The registration of requests, the assignment of cases to notaries and the administrative handling of cases are carried out through this electronic network. The legislator’s aims when modified the regulation of this legal instrument was to reduce the duration of order for payment procedures and the workload of courts. In this paper I give an overview of the content of order for payment requests and of the practical experience of the notaries in connection with the examination of requests.

Ustrój polskiego notariatu w świetle orzecznictwa Trybunału Konstytucyjnego

Due to the subject matter, the article presents in detail the structure of notariate according to the Constitutional Tribunal jurisdiction (Constitution of 2 April 1997). Pursuant to Article 1 of the Law of 14 February 1991, Law on the Notariate, notaries shall be appointed to conduct legal transactions which the parties to such transactions have to or wish to notarise. Authors lay out the interplay between the position of the notary (civil law notary) as the public confidence person and independent profession.

The EU Data Protection Directive and major factors relied upon by U. S. courts in transborder discovery requests

Conference paper by Daniel W. Perry, Esq. Daniel W. Perry, Attorney, former judge, is a U.S. Civil-Law Notary dealing with digital evidence and discovery, international computer contracts and technology agreements and General Counsel to Identity Commons, Inc., an organization for collaborating in digital identity metasystems. He frequently speaks and writes on computer law, data protection and privacy issues.

The role of the notary in real estate conveyancing

Eliana Morandi sets out the role of the civil law notary in the context of real estate conveyancing, illustrating how more effective and less costly it is when undertaken by civil law notaries.

European Civil Law Notaries ready to launch international digital deeds

Bernard Reynis and Ugo Bechini set out the changes brought about by the adoption of technology by notaries in France and Italy.

A system of trust: German civil law notaries and their role in providing trustworthy electronic documents and communication

Dr Dominik Gassen, Bundesnotarkammer illustrates the role of the notary in Germany in respect of providing for the authenticity of documents in digital format.

Telematic Land Registers: the role of the civil law notary

Michele Nastri provides an insight into the factors to be taken into account when devising an e-conveyancing scheme, as illustrated by the Italian model.

From civil servants to liberal professionals: an empirical analysis of the reform of Portuguese notaries

The use of market mechanisms has been progressively introduced as an alternative solution to public service delivery since the 1980s. This work addresses an uncommon public service function – civil law notaries – and seeks to analyse the factors that led to the formation of diverse market structures as a result of the choice of the privatization path over civil service status by public notaries. The Portuguese government gave public notaries the choice of becoming private, and regulated a numerus clausus of notaries by district. Since the reform was completed, a diversity of market structures have prevailed throughout the 278 notarial districts. Our key hypothesis is that markets with multiple agents formed in jurisdictions having a larger and more profitable number of notary and legal acts that provided financial survival and profit. In contrast, monopolies formed as a result of a perceived absence of market opportunities and demand. During the period 2010–11 we collected data from official statistics of the notary system supplemented by data on the economic and demographic features of each jurisdiction. Multinomial logistic regression is used to test the key hypothesis regarding market arrangements in the 278 notarial districts of continental Portugal. Points for practitioners The trend in the deregulation of the notary profession is likely to continue to sweep European Union countries. Lessons can be drawn from the Portuguese experience, where the change from civil service status is not yet mandatory for all notaries, but financial constraints and fiscal pressures indicate privatization as the inevitable path.

The Dutch and German Notarial Systems Compared

Civil law notaries, also called Latin notaries, constitute a distinctive feature of the continental European legal system going back to Roman law, as they have an important role in providing non-contentious, 'preventive justice’ (vorbeugende und vorsorgende Rechtspflege). Unlike lawyers, notaries act as independent and impartial advisors, and their advice typically extends to all legal issues raised by the transaction in question. Unlike public notaries in the Anglo-Saxon world, civil law notaries are not only competent to take oaths and certify signatures, but their involvement is mandatory by law in many fields of real estate, family and company law.

Do the Right Thing (for your duty of competency): Some Ethical and Practical Thoughts on "Notarization" in International Transactions

International trade and the role of lawyers in international transactions have increased dramatically in the last few decades, and projections indicate even greater growth. To comply with their ethical and legal duties of competency in international transactions, lawyers must have a certain level of direct knowledge; lawyers do not comply with their duty of competency by hiring and blindly relying upon foreign counsel. There are too many cultural, linguistic, and legal differences between countries to justify a lawyer in relying exclusively on the knowledge of foreign lawyers (what we would call “indirect knowledge”).This article focuses on a frequently misunderstood area in which an international lawyer should have direct knowledge -- the authentication of documents by notaries either overseas when the document is to be used in the US (“inbound”) or in the US when the document will be sent overseas (“outbound”).The concept of a notary in civil law countries is quite different from that in the common law system. In civil law countries notaries are public officials, like US notaries, but their role as public officials is wider than US notaries because of their ability to draft public instruments (also called “authentic instruments”). Civil law notaries are also legal professionals who do not simply authenticate signatures on private instruments, they give impartial advice. Finally, the number of civil law notaries is radically smaller than the number in the US – for example, 8000 in Germany.Because of these differences, problems with regard to notarization can arise in either (i) “inbound” transactions, i.e. when a party is required to supply a document from a civil law country to be used in a US transaction (for example, a power of attorney from a resident in a civil law country) or (ii) in “outbound” transactions, i.e. when a party must supply a document from the US to be used in a civil law transaction (for example a document certifying that a US resident has been bequeathed real estate located in a civil law country).With regard to “notarization of documents,” the duty of competency in our view requires lawyers to know the important differences between civil law and common law notaries; the fact that notarization by a civil law notary may be time consuming, expensive, and even unnecessary for many US transactions; and practical ways to deal with notarization problems in inbound and outbound transactions.