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Civil law notary

(@Anonymous)
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Hi............,
My name is Rose. I am from UK. I was found this forum for last few months but now I hope I will enjoy in this forum.

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Posted : 12/02/2009 12:16 pm
(@Anonymous)
New Member

Civil-law notaries, or Latin notaries, are lawyers of voluntary 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, they are able to provide legal advice and prepare instruments with legal effect. They often receive the same education as advocates at civil law, trial lawyers, or any professional litigator but without qualifications in advocacy, procedural law, or the law of evidence, analogous to solicitor training in 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.[1] The most common areas of practice for civil-law notaries are in residential and commercial conveyancing and registration, contract drafting, business engagements, transactions, successions and estate planning, and powers of attorney.[2] 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 business 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.

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Topic starter Posted : 26/04/2010 7:58 am
(@Anonymous)
New Member

Re: Civil law notary

As a lawyer, a civil-law notary prepares legal instruments of writing called notarial acts. These acts are public instruments, that is, recorded with and authenticated by a public office or employee. They also require unusual solemnity, being written with notarial wording according to strict prescribed formalities of language and often form precedents. A notarial act is self-authenticating and endowed with executory force, direct and primary evidentiary status, and probative value at civil law. This value amounts to the fact that when a notary-at-civil-law drafts or signs his name to a document, the result in virtually all civil-law jurisdictions is a nearly conclusive presumption that the document is a true record of the facts asserted or recorded within. Notarial acts are open to rebuttal, but a contesting party bears the burden of bringing a collateral attack against the authenticity of the act, and must prove the instrument's invalidity by full, clear and strong evidence.

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Posted : 15/07/2010 8:53 am
(@Anonymous)
New Member

Re: Civil law notary

Hello,
Civil-law notaries, or Latin notaries, are lawyers of voluntary 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 able to provide legal advice and prepare instruments with legal effect.

Thank you
Nadia

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Posted : 11/09/2010 6:42 am
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