Comparative Study of the “Legal Nature “Of the Notary Institution and Its Effect On the “Regulatory” of Notary in Latin Notary and Notary Public Systems

Document Type : Research Paper

Author

University of Tehran

10.22099/jls.2023.40076.4320

Abstract

The historical foundations of the establishment of a notary institution, have led to the special nature of this legal institution.
The special legal nature of the notary institution has a direct impact on the regulatory legislations and regulations in this scope. The legal nature of the notary is different in the Latin and public notary systems, which has led to differences in the regulatory of this legal institution in the two notary systems. This raises the question of what is the difference between the legal nature of a notary in the Latin and public notary systems, and what effect does this have on the way this institution is regulated?
This research, with a descriptive-analytical method and a comparative approach, examines the position of notaries as public servants and analyzes the dual nature of the notary institution, and states the reasons for the need for regulatory and how to do it in Latin and public notary systems.
This concludes that the notary institution has a "quasi-public" nature. This necessitates its "regulation", unlike other free professions. This is more necessary in the civil law system because there are shortcomings in the notary services market and there is a need for positive outputs in this system. Hence, the Latin and general notary systems are different in terms of strictness of regulation

Keywords

References

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