THE NATIONAL UNION OF NOTARIES PUBLIC FROM ROMANIA


Search the website

The notariat serving the European citizen

   

The notariat serving the European citizen

    Who is the notary? Which is his role? What services can he bring to the citizens and to the companies from the EU Member States?
    Here is a summary of the notarial profession, of its specificities and its major strengths that C.N.U.E. capitalizes both to European institutions and to citizens.


        The recourse to the notary: a guarantee of legal certainty and effectiveness.


    The civil-law notary is commissioned to draw private conventions and to advise the parties, while being subject to impartiality with respect to each other. Editor of authentic instruments, the civil-law notary is responsible both of their legality and for the given advice. He shall inform the parties about the implications and consequences of the obligations they subscribe.

    The civil-law notary can give power of judgment to the documents he is drawing. The deed may then be directly entered in the public registers or executed in case of violation of obligations by one of the parties, without prior recourse to a judge.

        The civil-law notary is also a conciliator that, with all impartiality and strict respect of the law, brings the parties to achieve a balance in their mutual interests in contracts.


    An easy access, less onerous and egalitarian to the law

    To consult a civil-law notary is an easy way, less expensive and egalitarian for all to accede to the law in general.

    Close to the citizenthere are around 35.000 de notaries, geographically distributed throughout the territory of the 19 Member states, constantly serving the citizen, even in the most solitary places of the national territory. Each can so easily use the services of a notary, without any formality or a prior procedure.

     The State subordinated the notarial profession and the performance of his activities under a tailored regulation; this guarantees the competency and the availability of the notary, but also the quality and accessibility of the service performed.


        One of the pillars of the legal order.

    The notary plays a major role in a State’s legal life. He constitutes one of the three pillars of the legal system (magistrates, notaries, lawyers).

    The State was delegating a part of the public authority and public power to fulfill a mission of public service: indeed, the notary advises the parties in an impartial manner for the drafting of a contract. Furthermore, he may draw this contract in an authentic form, thus giving the same probative and executory value as for a judgment. This is why it is said that the notary is the magistrate by consent, or that he is exercising the preventive justice.

    Moreover, the notary is a public officer exercising his functions in a liberal profession. The duality of the statute of the notarial function was wanted by the legislator. Indeed, the State didn’t want to make out a clerk of the notary. It allowed the citizen the freedom to choose his notary, just as it also wanted that this public officer to be responsible for his acts. The equality of the citizen to justice, in the preventive case, the confidence relationship that unites the notary to his client or the best protection of the latter claimed this duality.

    The notary, like the magistrates, is bound to professional secrecy. He resembles to the magistrate by the conditions of his appointment, by his independence, his immovability, his impartiality, probative and executory force of his acts and the control of his activity by the Ministry of Justice.
Back pageBack to top