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 Notary: Notarial Instruments, Distinction From Notaries Public, Netherlands, France, Germany, Other Countries
Famous quotes containing the words civil law, civil, law and/or notary:
“Just what is the civil law? What neither influence can affect, nor power break, nor money corrupt: were it to be suppressed or even merely ignored or inadequately observed, no one would feel safe about anything, whether his own possessions, the inheritance he expects from his father, or the bequests he makes to his children.”
—Marcus Tullius Cicero (106–43 B.C.)
“Since the Civil War its six states have produced fewer political ideas, as political ideas run in the Republic, than any average county in Kansas or Nebraska.”
—H.L. (Henry Lewis)
“It has often been a solid Grief to me, when I have reflected on this glorious Nation, which is the Scene of publick Happiness and Liberty, that there are still Crowds of private Tyrants, against whom there neither is any Law now in Being, nor can there be invented any by the Wit of Man. These cruel Men are ill-natured husbands.”
—Richard Steele (1672–1729)
“O comfort-killing night, image of hell,
Dim register and notary of shame,
Black stage for tragedies and murders fell,
Vast sin-concealing chaos, nurse of blame!”
—William Shakespeare (1564–1616)