Public notary

Difference with the notary in civil law

The public notary does not have any real matter monopoly and generally does not depend on a professional order.

History

There were public notaries in the Roman Empire. The acts were then managed by the Église before being begun again by the secular capacity with the rebirth. Public the notary term is used above in its known meaning of the countries of " common law". In the romano-Germanic countries of right, namely the near total of the countries of continental Europe, Russia, Asia (Body of notaries in the course of introduction in 2006), country of South America and country of the Middle East, the notary often has a bond of designation or subordination with his State; ensuring, by delegation, from the reserved tasks to him by its State, its field of competence is varied and, sometimes, it profits from a numérus clausus for its installation and from monopolies for certain activities; thus in France it has a monopoly for the donations, marriage contracts and authentification of the real sales.

Role

In much of country a document certified by a notary does not need an administrative confirmation to be valid in another administrative unit. Often a seal is attached there.

Historical restrictions remain at the local level to define the statute. Certain charlatans use these disparities to make believe that they have an official competence which exceeds their attributions in particular when there is obligation to be made represent by a lawyer in a lawsuit.

California

In certain states of the the United States of America as the California the notaries are entitled to be the officer of civil statue to record a marriage.

Certain documents require digital fingerprints.

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