Notaries Public Research Articles

Exploring the Role of Notaries in Common Law and Civil Law Legal Systems: A Comparative Analysis of Authentic Deed Making

The role of notaries in Civil Law and Common Law legal systems, with a focus on Indonesia and Malaysia as examples of each. The Civil Law legal system in Indonesia regulates notaries as public officials responsible for making authentic deeds with strong evidentiary power in the eyes of the law. This study uses a normative research approach to explore the legal regulations governing notaries in both legal systems, by analyzing the UUJN in Indonesia and the Notaries Public Act 1959 in Malaysia. The main findings show that notaries in Civil Law have broader authority in making authentic deeds compared to Notary Public in Common Law, which focuses more on document verification and attestation. This difference reflects the characteristics of each legal system in regulating the role of notaries in maintaining legal certainty in society. Further research on these differences and similarities can provide valuable insights for legal development in both systems, as well as help formulate more effective strategies in meeting the increasingly complex and connected global legal needs.

Simplification of real-estate contracts with the Land Administration System: a case study of Poland

This article examines the practicalities of Notaries Public using the Land Administration System for e-service transfer of property ownership. Herein, we use the example of the Polish Integrated Real Estate Information System (IREIS) in the activities of a Notary Public. Good governance and its genesis and IREIS developmental stages are initially assessed with emphasis on the functionality of the system and integration of the databases containing the information needed to prepare for notarial duties. The most important legal provisions applied to the conducting of professional duties by notaries are then discussed. These notably include the provisions of Notary Law and the Civil Code. Notarial tasks were then examined with regard to the possibility and admissibility of using the IREIS to accelerate their activities, decrease delays in essential formalities and minimize associated costs. Conclusions are drawn, and these include the forecast of future innovative solutions by e-service communication.

On the Limited Liability of Cooperative Notary Public Institutions

Article 4 of the Opinions of the Ministry of Justice on Promoting the Work of Cooperative Notary Public Institutions stipulates that a cooperative notary public institution is featured by “being jointly financed by eligible notaries public” and “the assets of which being jointly owned by the cooperators and the liabilities of the institutions being limited to their total assets”. The controversy thus arises over the liabilities of cooperative notary public institutions. Limited liability is a special application of civil liability in the field of commercial law. It is a statutory risk allocation mechanism, which is part of the organization laws regarding the separation of assets and liabilities and not necessarily related to legal personality. Defining cooperative notary public institutions as “non-legal person organizations”, through the adoption of notary public legislation, not only meets the practical needs of the reform of the notary public system, but also conforms to the framework of civil subjects under the Civil Code.

NOTARY SERVICE IN THAILAND

In most countries, a Notary Public is known as an official who is licensed by the State to perform functions such as the authentication of signatures or documents, and the witnessing of affidavits or statements of persons under oath. Notarization of a document is important as the act of notarization itself creates a guarantee on the authenticity of the document, or to the act of the signatories to the instrument. While there are no notaries public in Thailand, some lawyers are given the authority to function as Notarial Services Attorney in the country. In Thailand, it is the Lawyers Council of Thailand which regulates the practice of notarial services in the State. A Thai lawyer is required to undergo and pass a professional training course for the service before he is registered as a Notarial Services Attorney.Keywords: Notary; Service; Attorney; Thailand.

Viešųjų notarų veikla Lietuvos Didžiosios Kunigaikštystės vyskupijose XVI a.

Activities of Notaries Public in the Dioceses of the Grand Duchy of Lithuania in the 16th Century This is a research of the notaries public as a corporate group. The research deals with the issues pertaining to the existence of a certain network of notaries public in the dioceses of Vilnius, Samogitia, and Lutsk in the Grand Duchy of Lithuania and their correlation in the space of notaries public of the province of the archdiocese of Gniezno in the 16th century. The period under investigation is chronologically enframed by two dates. The first conditional date is 1501 which marks a stage in the maturity of the notarial system when the clergymen of the GDL started being awarded the honorary title – Count of the Sacred Palace of Lateran (comes apostolicus) accompanied by the right granted by the Pope to delegate notaries public (the Emperor could also award the title of the count of the palace). The said right was usually exercised by bishops, church officials, and notaries general. 1515 is considered an interim important date in the research as this was the year when the statutes of local dioceses of the Grand Duchy of Lithuania were drawn up and the first wording of Vilnius cathedral chapter statutes, for the first time mentioning the participation of the notary public in the life of the chapter and his functions, was carried out. The second date is 1566 – the year when the Second Statute of Lithuania legitimized the activities of notaries public on the national level throughout the GDL. The said dates mark the dynamics and spread of the notarial system – introduced through the institution of the Church, the function of the notary public gradually entered the sovereign’s chancellery, noblemen, following the example of the sovereign, started using the services and notaries public gradually found their way to municipal institutions of towns and cities. The codification dates of the two separate structures of government – the church and secular authorities – can be equally applied to mark the development stages of the notarial system as they indicate the process of notary public participation in both – the church and state government institutions.

DEFINITION AND PARTICULARITIES OF THE NOTARIAL ACT

The represents one of the most important categories of civil legal acts. The lack of a clear definition of the term notarial act and the complex legal nature of the procedure have generated contradictory discussions in the specialized legal literature. Following the example of continental law, the Romanian law and Moldovan law are dominated by the great consensuality principle. Under this principle, acts represent a variety of civil legal acts, and in practice these legal acts are deemed to have been concluded when the parties reach a willful agreement on all the essential clauses. In Romania, the is defined mainly by the Law no.36/1995 on Notaries Public and activity, while several regulations regarding acts are found in the legislation of the Republic of Moldova. According to Moldovan legislation, the is the document drafted, signed and sealed by the notary, having public authority and the probative force prescribed by law. In this respect, the Law no.1453/2002 on Notarial activity and the Law no.69 /2016 on the organization of the activity of notaries ensure a comprehensive regulation of acts in the Republic of Moldova.

Kedudukan Akta Keterangan Hak Mewaris dibuat oleh Notaris bagi Warga Negara Indonesia Keturunan Tionghoa sebagai Tanda Bukti Ahli Waris

In Indonesian positive law there is no rule which specifically and expresslyregulates the authority of the Notary Public to make a statement on the rightto inherit. The Notaries Public make it simply based on costume practiced by theprevious ones. It is not expressly stipulated in Article 15 of Act Number 2 of 2014concerning the Amendment to Act Number 30 of 2004 concerning the Office of NotaryPublic, whereas these Acts are the main rules regulating the Office of NotaryPublic. This condition has significant effect to the evidencing force of the deed onthe statement on the right to inherit made by the Notary Public. This research is normativelegal research and this research is based on library study or secondary data.This research is conducted by analyzing certain problem by studying legislation,literature, and other references related with the authorities of the Notary Public inmaking a statement on the right to inherit and the evidencing force of the deed on thestatement on the right to inherit for the Indonesian citizens of Chinese decent. Fromthe results of the research it can be concluded that the ground for the authority of theNotary Public to make a statement on the right to inherit is Article 111 paragraph(1) letter c of the Regulation of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementation ofGovernment Regulation Number 24 of 1997 concerning Implementation, whereasRegulation of State Minister does not include in the hierarchy of legislation in Indonesia.Thus, the making of the deed on statement concerning the right to inheritby the Notary Public is not based on the positive law prevailing in Indonesia. Thesaid deed does not fulfill the physical term of an authentic deed because there is nopositive law regulating expressly and clearly on the authority of the Notary Publicto make a statement on the right to inherit. the evidencing force of the deed on thestatement on the right to inherit made by the Notary Public depends on the truth ofthe content of the said deed

Legal regulation of the institute of notary public in the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia)

In the Kingdom of Serbs, Croats and Slovenes existed six different legal territories. Due to legal particularism the institute of notary public existed only in those parts of the state that were former Austro-Hungarian territories: Voivodina, Croatia and Slavonia, Slovenia and Dalmatia. In other territories in the common Yugoslav state the institute of notary public was unknown. The basic question regarding the institute of notary public was whether it should be retained in the legal system of Kingdom of Serbs, Croats and Slovenes. After the positive outcome of the survey conducted by the Ministry of Justice, it was decided to adopt a law on notaries, which would apply to the whole state territory. The author in the first part of the paper reviewed the regulations on notary public that were in force in the territory of Voivodina until the adoption of unified law on public notaries. Then the author analyzed the provisions of the Law on Notary Public of Kingdom of Yugoslavia enacted in 1930. However after the adoption of unified Law on Notary Public, it did not enter the force in all parts of the state as it was planed. The issue of justification of the existence of notary public appeared again in the professional public. The lawyers considered that notaries got extended powers and therefore sought to abolish the institution of public notaries. On the other hand the Association of Notaries Public of the Kingdom of Yugoslavia fought for the retention of the institute emphasizing all its advantages.

The Evolving Role of the Latin American Notary Public

Article examines the current role of Latin American notaries public, outlines examples of recent reforms affecting their role in business law and other legal areas in the region, and calls for a full review of this institution.

The Notary Public – The Third Arm of the Legal Profession

The notary public is a survival of a civil law notion in the common law. The notary public's duties are primarily involved with authenticating documents. Notaries are appointed under the authority of the Archbishop of Canterbury. Although some consideration was given in New Zealand a decade ago to the introduction of a Notaries Public Bill, no Bill was ever introduced. Though it may seem anomalous to have a type of New Zealand legal practitioner appointed by an ecclesiastical authority, let alone an English one, this is not now the primary factor which should influence any review of the office. Modern commercial practice, and especially electronic commerce, makes it imperative that any change takes into account international usage of the office.

Le marché immobilier locatif à Montréal, 1731 à 1831 [Méthodologie d’une enquête à partir des baux notariés

Abstract. The Montreal Real Estate Market, 1731-1831. Research Methodology Based upon Notary Public Records. As the preindustrial period gave way to the first industrial revolution Montreal shifted from a city of real estate owners to a city of renters. The sole direct evidence of this change comes from the leases established by notaries public, from which a time frame may be constructed and an analysis made of the development of a rental market. The study evaluates the representativity of the sources by providing the major critical methodological elements, both internal and external. The informational content of the leases, the potential and the limits they offer to research are examined. Their representativity is weighed in the light of general demographic data available to researchers.

Notaries Public in England Since the Reformation

Notaries Public in England Since the Reformation

Notaries Public in England since the Reformation. By C.W. Brooks, R.H. Helmholz and P.G. Stein. [Norwich: The Erskine Press. 1991. ix, 142 and (Index) 4pp. Hardback £29·95 net.

Notaries Public in England since the Reformation. By C.W. Brooks, R.H. Helmholz and P.G. Stein. [Norwich: The Erskine Press. 1991. ix, 142 and (Index) 4pp. Hardback £29·95 net.

Avoiding Trial By Notaries Public. FERC's Reluctance to Allow Discovery Depositions in Evidence

Avoiding Trial By Notaries Public. FERC's Reluctance to Allow Discovery Depositions in Evidence

Notaries Public in England in the Thirteenth and Fourteenth Centuries. By C. R. Cheney. Pp. xii + 206 +6 plates. Oxford: Clarendon Press, 1972. £5.

Notaries Public in England in the Thirteenth and Fourteenth Centuries. By C. R. Cheney. Pp. xii + 206 +6 plates. Oxford: Clarendon Press, 1972. £5.

Notaries Public in England in the Thirteenth and Fourteenth Centuries

Notaries Public in England in the Thirteenth and Fourteenth Centuries Get access Cheney C. R., Notaries Public in England in the Thirteenth and Fourteenth Centuries. Oxford, England. Oxford University Press (Clarendon Press), 1972. xi, 205 pp. $17.00. Jon N. Sutherland Jon N. Sutherland Associate Professor Department of History, California State University, San Diego Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 17, Issue 2, April 1973, Pages 210–212, https://doi.org/10.2307/845205 Published: 01 April 1973

Notaries Public in England in the Thirteenth and Fourteenth Centuries

Notaries Public in England in the Thirteenth and Fourteenth Centuries

In re Will of Jan M.

Belligerent Occupation — Administrative Functions of Occupant — Apointment of Notaries Public in Occupied Territory — Appointment of German Notaries Public in Occupied Poland — Whether Notaries According to Polish Law — Validity of Acts Performed by German Notaries Public in Occupied Poland — Relevant Polish Post-Occupation Law — Validity of Contracts and Wills Made before German Notaries — Conditions of Validity

Notaries Public

Notaries Public

Public Officers. Notaries Public. Liability for Negligence in Taking Acknowledgement

Public Officers. Notaries Public. Liability for Negligence in Taking Acknowledgement