Notary Public Research Articles

Private legal practice and public authority in early Venetian Ithaca: thirteen new notarial documents (1575–1599)

Summary The Greek notarial documents produced in the centuries after the fall of Byzantine rule are important sources for retracing the development of private legal practices under the influence of the different administrative and legal orders which came to rule the Greek-speaking territories. In the vast areas which came under Venetian control, the system of private transactions was conditioned by a tension between the widespread practice of notaries operating as private professionals during the Byzantine period, and the intervention of Venetian administrators who sought to regulate notaries as public officers. This article considers this tension in an understudied peripheral context, the small island of Ithaca in the period of early Venetian rule, through an analysis of thirteen new Greek notarial sources from 1575–1599 which are presented here in a critical edition. Owing to the small size of the Ithacan economy and the informality of the island’s administration during the sixteenth century, private transactions were executed mainly by independent scribes, priests, and in some cases by public notaries from neighbouring Cephalonia. This was gradually changed by successive regulatory interventions by the Venetians which formalised administrative structures on Ithaca, traced here through several unpublished sources from the local archives, in addition to documents from Cephalonia and Venice. These reforms led to the establishment of a system of publicly appointed and supervised notaries on Ithaca in the early seventeenth century, putting the freer practice of the earlier period under the closer control of the public administration and bringing Ithaca into line with practices in the larger Venetian possessions.

SOME CONSIDERATIONS REGARDING THE ORGANIZATION ND THE ACTIVITY OF THE PUBLIC NOTARIES IN ROMANIA

Public notaries in Romania play an essential role in the legal and economic system of the country. They are responsible for the authentication of the legal documents, ensuring that comply with the law and that the rights and obligations of the parties involved are clearly defined and protected. Their activity is regulated by Law no. 36/1995, the law of public notaries and notarial activity.In the current economic and social context, public notaries contribute to the safety and stability of civil and commercial transactions, thus facilitating confidence in the market. They ensure the transparency and fairness of these transactions, which is crucial for the efficient functioning of the economy.The professionalism and impartiality of public notaries are guaranteed by rigorous training and strict compliance with deontological and legislative norms. Thus, public notaries in Romania are fundamental for ensuring legal certainty and for protecting the rights of citizens and legal entities.

Legal Position of the Surrogate as a Substitute For a Signature In a Notarial Deed

A handwritten signature on an authentic deed serves a fundamental legal function as an identifier and acknowledgment to legalize all rights and obligations outlined in the deed. According to the regulation concerning the Notary Public Functional Position (Undang-Undang Jabatan Notaris), an authentic deed must contain the signatures of all parties involved (the notary public, witnesses, and the first and second parties) as mentioned in the deed. However, this regulation can create issues when one of the parties is unable to provide a signature on the authentic deed. This research analyzes how notarial deeds are signed for people who cannot sign. This research is normative legal research using a statutory approach and a conceptual approach. The results of this study show that there are three procedures for using a Surrogate in authentic deeds First procedure: If the individual cannot read or write but has no physical disabilities (they have all their fingers and can make a signature), a fingerprint will be used as the Surrogate. This should be noted and attached to the last page of the authentic deed; Second procedure: If the individual can read and write but has issues with their fingers (due to an injury or the absence of fingers), the Surrogate can be used, but it must be accompanied by an official medical letter from a doctor or hospital. This should also be noted and attached to the last page of the authentic deed. Third procedure: If the individual has visual impairments (is blind), the Surrogate can be used, but it must be accompanied by an official medical letter from a doctor or hospital. This should be noted and attached to the last page of the authentic deed.

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.

Legal Protection of Persons with Hearing Disabilities Associated with the Obligation to Read Deeds (Verlijden) For Notaries in Making Notarial Deeds

The Security Office Act (UUJN) contains legal provisions regarding the authenticity of recorded documents that are read but not heard by persons with disabilities; especially Article 16, Section 1, paragraph m of Law No. 16. Law No. 2 of 2014 on the Notary Public (UUJN) Regulation. The research questions of this study are: (1) How are certified texts read but not heard by deaf people; In this study, research methods based on law and theory are used. The data collection process was carried out through literature research. The results of the research show that: (1) Reading the work by the author with the help of a translator is valid if the actual production still complies with the regulations determined by the notary law. (2) The notary must be legal and impromptu, must include information on the official translation promise that the notary knows how to translate, and the face document at the end of the residence document. Making the work done by the notary on behalf of the hearing impaired people realistic, thus obtaining the legal rights of the hearing impaired as a service to the users and binding the legal goods on both parties, especially third parties.

Principles of European Family Law Regarding the Divorce by the Public Notary in Hungary

Thanks to the principles of the Commission on European Family Law on divorce law, extrajudicial divorce by mutual consent is becoming increasingly widespread in many European countries. The possibility of introducing this legal institution was also raised in Hungary in 2012 during the codification of the new Civil Code, but was ultimately rejected. The aim of this study is to examine the possibility of introducing divorce by the public notary as a possible alternative to divorce by mutual consent, in the light of the principles of European Union divorce law as well as the arguments and counter-arguments raised during the codification process.

Juridical Study of Falsification of Power of Sale Deed Made by A Notary Public Official in The Sale and Purchase Without The Consent of The Certificate Owner

Juridical Study of Falsification of Power of Sale Deed Made by A Notary Public Official in The Sale and Purchase Without The Consent of The Certificate Owner

Responsibilities of Notaries as a Public Official in Making Authentic Deeds

Notaries are given the authority to make general deeds, while PPAT (Land Deed Maker Official) is a general official who handles special deeds in the land sector. The deeds made by the two Notary and PPAT officials are authentic evidence which essentially contain formal truths that can be used by anyone in the future that a legal act as stated in the deeds has occurred. So that Notary and PPAT officials have a very important role in building certainty, order and legal protection in society. Therefore, the problem is the extent of a Notary's responsibility as a public official for the deed he makes and what sanctions can be given to the Notary if he violates the implementation provisions in making authentic deeds. To answer this problem, the method used is empirical juridical, namely research based on field research and equipped with library research. An authentic deed is perfect evidence which aims to guarantee certainty and legal protection to the parties. A notary must carry out his responsibilities properly in accordance with professional ethics (code of ethics) and in accordance with the Law on the Position of Notaries. This responsibility is not only based on morals but also based on law, especially Law Number 30 of 2004 concerning the Position of Notary Public in conjunction with Law Number 02 of 2014 concerning the Position of Notary Public.

Lietuvos Didžiosios Kunigaikštystės viešieji notarai XVI amžiaus kryžkelėse: nuo 1512 metų Europos notariato nuostatų iki Antrojo Lietuvos Statuto

The Imperial Notary Ordinance, which began being written in the late fifteenth century, not only further cemented the statements set forth in Ars notariae, but also fundamentally transformed the status of notariat, declaring the notariat a governmental institution. According to the opinion of Notariat experts, this Ordinance that was declared in 1512 is fundamental for having the main professional characteristics of the contemporary Latin notariat. This similarity also outlines the continuity of modern European notariat.Lithuanian society in the beginning of the sixteenth century lived with a notariat that was not fully developed, since, only after receiving the right from the Pope in 1501, public notaries began being nominated in the Vilnius diocese. During the first half of the sixteenth century, the development of notariat was visible particularly in the dioceses of GDL. This was to be expected, knowing that the notariat was established in GDL through the Church. Notariat developed in the secular government only as much as there was cooperation with and participation of diocesal notaries public, by serving in the office of a ruler or a voivod. We can observe a tendency in the beginning of the sixteenth century of secularization of the notaries public – they would switch to service in a purely secular office after leaving the clergy and/or becoming supporters of the Reformation. At the same time, similarly to Poland, in the later half of fifteenth century and onwards, Lithuania saw the rise of notaries with apostolic mandate, which declared the primacy of the Pope’s rule. We think, that the Notary Ordinance of 1512, could have had impact (negative?) to the further development of GDL notariat. Firstly by raising the questions of political loyalty and personal choice in regards to which highest authority to obey – the Pope’s or the emperor’s, ecclesiastical or secular.During research we acknowledge that both the First and the Second Statutes of Lithuania could have been partially influenced by the Notary Ordinance by notaries public participating in their conception. Thanks to them, articles regarding the Roman law have been created. The removal of Latin language as the written language of the courts by the Second Statute was not beneficial to the Roman notariat and a serious challenge to the notaries public and to the further development of notariat in GDL. The New Statute became an opportunity for the secular notariat to form as a legal institute. However, for it to happen there had to be further political decisions in support of it, there had to have been the right conditions and enough time to prepare qualified specialists and for the society to be prepared to trust those specialists.

The Forms Of Notary Public Responsibilities Regarding False Statements In Land Deed Making

A Notary Public, as a public official authorized to create deeds related to land, must have specific expertise in the field of land to ensure that the deeds created do not cause issues in the future. If problems arise due to negligence on the part of the Notary Public, the deed may only have legal validity as an underhand deed. The purpose of this study is to identify the forms of accountability for Notary Publics for their negligence in creating land sale deeds based on false information. This research employs a normative legal research method to examine and analyze legal norms and the Verdict of the District Court Number 51/Pid.B/2022/PN.Bla. The findings of this research are the forms of Notary Public responsibility for deeds annulled by the court related to the case in this study, including: a) administrative sanctions, such as article 13 of Ministerial Regulation of ATR/BPN No. 2/2018, which involves temporary suspension for up to 1 (one) year and imposition of administrative fines; b) civil sanctions, such as Article 1365 of the Civil Code, which involves reimbursement of costs, compensation, and interest; and c) criminal sanctions, such as article 263 of the Penal Code (forgery of documents) carrying a maximum prison sentence of six years, and Article 264 paragraph (1) of the Penal Code (forgery of authentic deeds) carrying a maximum prison sentence of eight years.

Significance of Spousal Consent in a Loan Agreement as The Enforcement of Joint Asset Provisio

Joint asset causes legal consequences in entering into a loan agreement and its accessor, collateral agreement. These legal consequences shall arise as spousal consent is necessary in entering into such agreement. However, many collateral agreements are arranged without a spousal consent. The purpose of this writing to find out the legal consequences of collateral agreements which are entered into only by one of the parties, husband or wife, over the joint assets and responsibility(s) of the Notary Public and Land Deed Official Certifier (“Pejabat Pembuat Akta Tanah/ PPAT”) regarding the agreement. This study utilizes normative juridical approach which was carried out by examining data from legal norms in the society, including laws and regulations. Based on its characteristic, this research is a descriptive study. The result of this study is agreement remains binding on the joint asset despite the collateral agreement being entered into without spousal consent. Meanwhile, the responsibility of the Notary Public and PPAT if they are proven to neglect their obligation is considered unlawfulacts.

Notarial Deed on Transfer of Rights Potential Conflict

This study examines the Notary Deed on Transfer of Rights with Potential Conflicts. The potential for disputes over the transfer of rights agreement made before a Notary, starting from the beginning of the transfer of rights agreement has the potential to contain disputes, however, the complainants still ask to be made a deed by the Notary and one of the parties reneges on the consensus made and agreed before the Notary.The potential for the deed made before the Notary Public has the potential to contain disputes related to the Transfer of Civil Rights and Transition Civil Authority. The types of Deeds in question include: Deed of Power of Attorney / Power to Sell followed by Deed of Agreement / Binding of Sale and Purchase, Deed of Recognition of Debt with Guarantee followed by the preparation of the Deed of Binding Sale and Purchase and Power of Sale, Deed of Cancellation, Entry and Amendment of CV Deed, Lease Agreement, Power to Rent and Recognition of Debt with Collateral, and Deed of Will. Meanwhile, the deed related to the Transfer of Civil Authority is a stand-alone Power of Attorney Deed. The excesses of criminal acts in the implementation of the Notary office are very close to the crime of forgery of letters, because this is significant with the Notary's position as a General Official. Meanwhile, the provisions on Extortion, Embezzlement, Fraud, Land Seizure and Theft are not related to the capacity of Notaries as Public Officials but as private persons just like society in general. This condition requires a solution to anticipate the deed made by or before a Notary. This becomes increasingly relevant for practical needs because of differences in viewpoints and interests that imply a degradation of objectivity in assessing an authentic deed. Judgment no longer refers to the standard of authenticity of an authentic deed that clearly positive law has set it out. This condition should be a valuable lesson and experience by being a progressive Notary, to be part of the solution and not part of the problem.

Degradasi Akta Notaris dalam Perkara Pidan (Analisa Putusan Pengadilan Negeri Sidoarjo Nomor: 862/Pid.B/2019/PN Sda)

This study aims to determine the legal consequences of misuse of notary authority to make deeds. Notaries in carrying out the duties of their office must be careful and careful in making deeds, so that the deeds they make are not legally defective because they must be accounted to the general public and so as not to harm others. This research uses a conceptual approach and a legal approach. Using a conceptual approach, researchers refer to legal principles related to the concept of the state of letters in the case of forgery of letters. The legal approach is carried out by reviewing related laws and regulations. This research is analytical in nature that studies the purpose of law, the values of justice, the truth of the rule of law, legal concepts and legal norms according to the position of deeds in relation to the implementation of the duties of unscrupulous authentic deed makers. The results of this study conclude that the criteria for a notary deed to become an authentic deed have been regulated in the law, so that Notaries who are officials who are authorized to make authentic deeds must always pay attention to the procedures for making deeds in accordance with applicable laws. When the deed loses its evidentiary power, it can be relegated to a deed under hand, or become invalid or become null and void. So the Notary Public must be responsible for his negligence in exercising his authority. If the authentic deed in its making is a legal defect caused solely by the fault of the Notary and then the deed in Court is declared inauthentic, or invalid, or becomes null and void or relegated to a deed under hand, then the Notary concerned must be liable for the error caused by the forgery of the deed.

Efektivitas dan Hambatan Yang Timbul dari Penegakan Konvensi Apostille di Indonesia

Research on "EFFECTIVENESS OF ENFORCING ACCESS TO THE APOSTILLE CONVENTION AND OBSTACLES THAT WILL BE FACED IN INDONESIA" is research using normative juridical methods which focuses on the study of positive legal rules which uses an approach to existing legislation and conventions and focuses on reviewing legal studies. The Apostille Convention was originally born and ratified in The Hague, Netherlands on October 5 1961 as an international agreement which aims to eliminate several requirements related to the legalization of diplomatic or foreign public documents. The Apostille Convention came into force on January 21 1965. The effectiveness of Apostille enforcement in Indonesia includes making it easier for the public to legalize a foreign public document, improving a more reliable legal system, simplifying administrative costs and also supporting economic activities. The obstacle to enforcing the Apostille is that it adds challenges and responsibilities for notaries. In the process, the issuance of the apostille certificate creates new problems for the notary and adds responsibility, because the issue of the certificate requires the notary to maintain the confidentiality of the contents of the authentic deed in accordance with the UUJN (Notary Public Law), but in the Apostille, the notary is required to upload data to Kemenkumham website which will then be verified by the authorities. This will then lead to the leak of confidential information and conflict with UUJN.

Efektivitas dan Hambatan Yang Timbul dari Penegakan Konvensi Apostille di Indonesia

Research on "EFFECTIVENESS OF ENFORCING ACCESS TO THE APOSTILLE CONVENTION AND OBSTACLES THAT WILL BE FACED IN INDONESIA" is research using normative juridical methods which focuses on the study of positive legal rules which uses an approach to existing legislation and conventions and focuses on reviewing legal studies. The Apostille Convention was originally born and ratified in The Hague, Netherlands on October 5 1961 as an international agreement which aims to eliminate several requirements related to the legalization of diplomatic or foreign public documents. The Apostille Convention came into force on January 21 1965. The effectiveness of Apostille enforcement in Indonesia includes making it easier for the public to legalize a foreign public document, improving a more reliable legal system, simplifying administrative costs and also supporting economic activities. The obstacle to enforcing the Apostille is that it adds challenges and responsibilities for notaries. In the process, the issuance of the apostille certificate creates new problems for the notary and adds responsibility, because the issue of the certificate requires the notary to maintain the confidentiality of the contents of the authentic deed in accordance with the UUJN (Notary Public Law), but in the Apostille, the notary is required to upload data to Kemenkumham website which will then be verified by the authorities. This will then lead to the leak of confidential information and conflict with UUJN.

Dva notářské instrumenty z roku 1419 k dějinám řeholních kanovníků sv. Augustina v Kladsku. Pramenná edice

During the 14th century, canon law gained considerable influence. All cases which related to clergy and Church property were dealt with solely by the ecclesiastical courts. During the preparatory phases of court proceedings, public notaries were very important. They were mainly involved in appointing legal representatives and producing verified copies of important documents. The objective of this article is to present two notarial instruments produced by public notaries: Materna, the son of Doctor Martin of Kladsko, and Nicolas, called Naso, the son of Henry of Chojnów. Both instruments were produced in 1419 and relate to the monastery of the Canons Regular of St. Augustine in Kladsko. The documents are kept in the Kladsko parish archive under numbers A 4 b and A 12 i. Attached is a critical edition of both notarial instruments. The first instrument incorporates documents of Wenceslas IV, King of Bohemia, Charles IV, King of Bohemia, and Arnošt of Pardubice, Archbishop of Prague, which show the ownership of properties in the Kladsko region and outside it. The second instrument records the appointment of legal representatives of the convent at the ecclesiastical courts. We do not have any direct evidence of the subject of the monastery’s dispute, but one can assume that it related to long-term disputes with the holders of fiefs in the Kladsko region. These disagreements related to economic immunity (unauthorised attempts to collect royal taxes for the monastery’s properties) and, to a lesser extent, other matters.

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.

Juridical Analysis of the Implementation of Notary Public’s Authority in Making Deeds Related to the Land Sector

This study aims to examine and analyze the legal basis for determining the Notary Public’s authority to make deeds related to the land sector. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Notary Publics possess attributed authority in making deeds related to the land sector. Nevertheless, the scope of this authority is limited. This authority applies only as long as the deeds made do not fall within the scope of authority for making deeds by the Land Deed Official. Furthermore, Notary Publics, who also serve as Land Deed Officials within the same territorial jurisdiction, can make deeds related to the land sector. Therefore, it is recommended that the Legislature provide more detailed and specific clarification in Article 15 section (2) point f of Law Number 2 of 2014 regarding the specific scope of the Notary Public’s authority in making deeds related to the land sector. This clarification is essential to ensure that the attributed and limited authority of the Notary Public does not overlap with the authority of the Land Deed Official. Furthermore, it is recommended for both Notary Publics and Land Deed Officials to actively enhance their understanding and separation of authorities in accordance with their territorial jurisdiction and applicable legislation. This will help avoid confusion and conflicts in making deeds and ensure that both officials can perform their duties efficiently and effectively, in line with the realms and responsibilities established.

Peranan Notaris Sebagai Pejabat Pembuat Akta Dikaitkan Dengan Pasal 55 KUHP

Article 16 Paragraph (1) Letter a Law Number 2 of 2014 Concerning the Office of a Notary Public which emphasizes the obligation of a notary to act in a trustful, honest, thorough, independent, impartial manner and protect the interests of the parties involved in legal actions. However, in practice there are still notaries who commit criminal acts involving the forgery of authentic deeds. For this reason, the purpose of this study is to analyze the legal consequences and responsibilities of a notary in his position as a deed making official in making an authentic deed which indicates the participation of the criminal act of forgery. The method used in this research is normative juridical research with statutory, conceptual, analytical and case approaches which are processed using qualitative descriptive techniques. The results of the study show that the legal consequences for a notary in his position as a deed-making official in making authentic deeds indicated that there was an indication of participation in the criminal act of forgery, namely according to the UUJN it can be applied regarding dismissal/notary being dismissed from his position, according to Article 1365 of the Civil Code he is obliged to pay compensation to the aggrieved parties and according to Articles 264 and 266 of the Criminal Code in the form of imprisonment. The legal responsibility of a notary in his position as an official making a deed for indications of participating in the crime of forgery in making an authentic deed, that is, he can be criminally responsible if he fulfills the elements of error, namely being able to take responsibility, there is an inner relationship in the form of intentionality and there is no reason to erase the mistake. So that a Notary who consciously deliberately or is involved in falsifying the making of a deed can be held accountable in criminal law in the form of imprisonment and criminal administrative sanctions

Law Enforcement Against The Criminal Act of Forgery of Documents By a Notary In The Perspective of Law No. 30 of 2004 Concerning The Implementation of Administrative Sanctions or The Notary's Code of Ethics

The existence of a notary as a witness or even as a suspect, if it is related to the existence of his position in the legal field which is intended to support the smooth running of a law enforcement process, including the judicial process, would not be a problem, in other words, it is only natural for a notary to act as a witness or even as a suspect in a judicial process. On the other hand, a notary in carrying out his position as a public official, apart from being related to a position regulation, is also related to the oath of office which he takes when appointed as a notary where the notary is obliged to keep the contents of the deed and information he obtains confidential as regulated in Article 4 Paragraph ( 2) Law Number 30 of 2004 concerning the Position of Notary which states that, I will keep confidential the contents of deeds and information obtained in the performance of my office. Further Article 54 Paragraph (1) of Law Number 2 of 2014 concerning Amendments to the Law -Law Number 30 of 2004 concerning the Position of Notary Public explains that a notary can only give, show, or notify the contents of the deed, grosses deed, copy of the deed or excerpt from the deed, to people who have a direct interest in the deed, heirs, or people who have acquired rights, unless otherwise determined by statutory regulations. The exercise of the right to keep secrets related to one's position is also regulated in criminal procedural law, civil law, and the Criminal Code. Article 170 Paragraph (1) of the Criminal Procedure Code states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from exercising their right to provide information as a witness, namely about matters entrusted to them. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, especially those related to the research topic, namely law enforcement against the crime of document falsification by notaries in the perspective of Law no. 30 of 2004. This research resulted in the findings of Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Position of Notaries which regulates that when a Notary in carrying out his official duties has committed a violation that causes a deviation from the law, the Notary can be subject to sanctions in the form of sanctions. Civil, Administrative, Code of Ethics for Notary Positions. These sanctions have been regulated in such a way both previously and now in the Law on the Position of Notaries regarding the Code of Ethics for the Notary Position profession where there is no description of criminal sanctions but rather the organization of the Notary Supervisory Council which has the authority to impose punishments on notaries. Notaries in carrying out their official duties do not close the possibility of being in contact with legal issues, even though carrying out the duties has been done carefully and by statutory provisions