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Choosing the notary


   The role of the civil-law notary | The organizational framework | Legislative Framework | Choosing the notary | Fees and taxes | Romanian Notarial Institute | House of Pensions | The Insurance Fund of Civil-law Notaries | History | International Dimension

Choosing the notary

    The material and territorial competence of the civil-law notary is established through the law of organization of the notarial activity, and the territorial spread of the notarial offices was designed so that each community, no matter how small, could benefit from notarial services, along with the jurisdictional ones, at least one notarial office existing in the circumscription of each court from Romania.
    The civil-law notaries have general jurisdiction both in terms of material, deeds and procedures that they can instrument, and territorial, most of the documents and procedures given under their competence by law, may be fulfilled by any notary in the country, with some exceptions provided by the law.
    In these particular cases the parties must necessarily address to the notary stated by the text of law, as follows:

    a) the notarial successional procedure is under the competency of the civil-law notary located in the territorial circumscription of the law court where the deceased had his last domicile. The last domicile means the address mentioned in the death certificate of the deceased at the section "domicile", even if in fact he resided, undeclared, at another address. In the case where in the circumscription of that law court there are more notarial offices, the parties may address to any of those notarial offices.
    b) in case of a successive inheritance, the successors may chose the competency of any notarial office from the territorial circumscription of the law court in which he had his last residence one of the authors (deceased) who died the last. "The successive inheritance" means the situation when the consecutive debate is requested, at the same notarial office, for two or more successions, when the second deceased inherits the first one, the third one inherits the second one and so on. (typically for inheritance in the family).
    c) the protestation acts of drafts, promissory notes and cheques are made by the civil-law notary from the territorial circumscription of the law court where the payment is to be done
    d) the issuance of duplicates and the reconstitution of notarial deeds are performed by the civil-law notary in whose office are located their originals.

    The territorial competency of the civil-law notaries is determined by the circumscription of the law court where the notarial offices are functioning.
    The notarial deeds are fulfilled at the notarial office, but, in the limits of its territorial circumscription, the civil-law notary may conclude notarial deeds also outside his notarial office, if there is a larger number of persons interested or if the solicitor is hindered to present himself. If in the circumscription of the law court there are more notarial offices operating, the territorial competency of each one of them is extended throughout the entire circumscription.
    According to the law, the competency of the civil-law notaries having their office in Bucharest is extended across the entire municipality, so that the parties may contact any notary for the successional debate, no matter the district where he performs his activity.
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