THE NATIONAL UNION OF NOTARIES PUBLIC FROM ROMANIA


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The added value of the notarial deed

   

The added value of the notarial deed

  • Legal certainty: the signature of the civil-law notary of the authentic deed gives confidence on its content and its date; the signed contract has a value of law between the parties;

  • The contractual freedom: the notary does not impose his decision to the parties; he listens to different parties; he brightens them on the applicable legislation and advises them on the best solutions to be adopted. He engages its responsibility within his duty to advice;

  • Preventive justice: the notariat represents the manner to access the non-contentious justice. The notary especially avoids the inclusion of abusive, immoral or illegal clauses in contracts; they brighten each party on rights and obligations, he competes on preventing potential conflicts;

  • The consumers’ protection: the notary has the obligation to fully advise in an impartial manner concerning all the parties in a contract. He must supervise, under the penalty of committing his liability, the right balance of the contracts he signs. He provides the parties a great security because of his personal responsibility in most countries, of the collective solidarity of all notaries;

  • The amicable settlement of conflicts: the civil-law notary has a natural function of mediation. He settles down and solves family, patrimonial or social disputes brought to him; he proposes a solution to the parties, in their common interest and confers a great power to the occurred agreement in his capacity of public officer witness;

  • Transparence of transactions: the notary is obliged to verify the identity of parties and he participates, as a public authority and in the general interest, in the fight against money laundering and tax evasion;
  • The economic efficiency of the authentic deed: for the obligations they contain, the enforceable notarial deeds may be recognized and executed, without the need for a preliminary judgment in court, and that throughout the European Union.

  • Preservation: in a world increasingly shifting, the notarial deeds contain a pledge of perenniality and stability. Kept on an undefined period, the original notarial deeds, referred as minutes, carry out a public archives character.

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