Civil Law Notary

Civil Law Notary

Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. Unlike notaries public, their common-law counterparts, civil-law notaries are highly-trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive the same education as attorneys at civil law but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries.

Civil-law notaries are limited to areas of private law, that is, domestic law which regulates the relationships between individuals and in which the State is not directly concerned. The most common areas of practice for civil-law notaries are in residential and commercial conveyancing and registration, contract drafting, company formation, successions and estate planning, and powers of attorney. Ordinarily, they have no authority to appear in court on their client's behalf; their role is limited to drafting, authenticating, and registering certain types of transactional or legal instruments. In some countries, such as the Netherlands, France or Italy, among others, they also retain and keep a minute copy of their instruments—in the form of memoranda—in notarial protocols, or archives.

Notaries generally hold undergraduate degrees in civil law and graduate degrees in notarial law. Notarial law involves expertise in a broad spectrum of private law including family law, estate and testamentary law, conveyancing and property law, the law of agency, and contract and company law. Student notaries must complete a long apprenticeship or articled clerkship as a trainee notary and usually spend some years as a junior associate in a notarial firm before working as a partner or opening a private practice. Any such practice is usually tightly regulated, and most countries parcel out areas into notarial districts with a set number of notary positions. This has the effect of making notarial appointments very limited.

Read more about Civil Law NotaryNotarial Instruments, Distinction From Notaries Public, Netherlands, France, Germany, Other Countries

Other articles related to "notary, civil law notary, law, civil law":

Notary Public - Information On Individual Countries - United States - Louisiana
... The Louisiana notary public is a civil law notary with broad powers, as authorized by law, usually reserved for the American style combination "barrister/s ... A commissioned notary in Louisiana is a civil law notary that can perform/prepare many civil law notarial acts usually associated with attorneys and other legally authorized practitioners in other states ... necessary or incidental to the performance of their civil law notarial duties ...
Civil Law Notary - History - Late Middle Ages
... By the 13th century, even the Ravennati adopted the title "notary by imperial authority," and the retrograde tabellionate slowly dissolved ... tabellionate absorbed most of the functions of the church notary, even running Ravenna's episcopal chancery by 1127 ... and in Bologna, home of the revived imperial legal tradition, the bishop's last clerical notary died in 1133 ...

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