Who are the civil-law notaries?
The appearance of the profession of civil-law notary in Romania was possible under the conditions of an existing democratic society and of the rule of law, based on the principles of market economy.
In accordance with the provisions of the Law no 36/1995 of civil-law notaries and the activity of civil-law notaries, the civil-law notary is appointed by the Minister of Justice, at the proposal of the Council of the National Union of Civil-law Notaries of Romania. Symmetrically, the adjournment from the position is disposed by the Minister of Justice, at the request of the Council of the National Union of Civil-law Notaries of Romania, and the cessation of the quality of civil-law notary is ascertained or disposed, as the case may be, by the Minister of Justice.
The civil-law notary is a liberal professional, who executes documents of public authority. The appointment in position of civil-law notary, the suspension and the cessation of this quality certifies the double character of the notary’s position, who is the holder of a service of public interest and, at the same time, a liberal professional, and member of a professional organization.
The activity of a civil-law notary is based on the solicitors’ trust, obtained if the civil-law notary is a persuasive counselor and a discreet confidant of the parties, able to explain them the legal provisions and to transpose their will in legal terms. The position of a civil-law notary is autonomous, fact that prevents any interference in the establishment of the notarial deeds and in the fulfillment of the procedures stipulated by the law under his competence.
The principle of stability in the position aims to guarantee the equity and the impartiality in the notaries’ decision, in a word, their independence. The civil-law notary exercises his attributions granted to him by the law based on the status of his position, and not based on a labor contract that supposes a relation of subordination. In the case where he is required to fulfill a deed that infringes the legal provisions, the civil-law notary has on his hand, as an instrument, the conclusion of grounded rejection, which can be appealed against by the interested party in front of the court of law.
The non-contentious (non-litigious) character of the notary’s activity essentially separates the activity carried out by the civil-law notaries from the activity of the courts of law. The non-contentious activity carried out, with competence and impartiality, by the civil-law notary, avoids the release of conflicts and aims to harmonize the interests of the parties.
The appearance of the profession of civil-law notary in Romania was possible under the conditions of an existing democratic society and of the rule of law, based on the principles of market economy.
In accordance with the provisions of the Law no 36/1995 of civil-law notaries and the activity of civil-law notaries, the civil-law notary is appointed by the Minister of Justice, at the proposal of the Council of the National Union of Civil-law Notaries of Romania. Symmetrically, the adjournment from the position is disposed by the Minister of Justice, at the request of the Council of the National Union of Civil-law Notaries of Romania, and the cessation of the quality of civil-law notary is ascertained or disposed, as the case may be, by the Minister of Justice.
The civil-law notary is a liberal professional, who executes documents of public authority. The appointment in position of civil-law notary, the suspension and the cessation of this quality certifies the double character of the notary’s position, who is the holder of a service of public interest and, at the same time, a liberal professional, and member of a professional organization.
The activity of a civil-law notary is based on the solicitors’ trust, obtained if the civil-law notary is a persuasive counselor and a discreet confidant of the parties, able to explain them the legal provisions and to transpose their will in legal terms. The position of a civil-law notary is autonomous, fact that prevents any interference in the establishment of the notarial deeds and in the fulfillment of the procedures stipulated by the law under his competence.
The principle of stability in the position aims to guarantee the equity and the impartiality in the notaries’ decision, in a word, their independence. The civil-law notary exercises his attributions granted to him by the law based on the status of his position, and not based on a labor contract that supposes a relation of subordination. In the case where he is required to fulfill a deed that infringes the legal provisions, the civil-law notary has on his hand, as an instrument, the conclusion of grounded rejection, which can be appealed against by the interested party in front of the court of law.
The non-contentious (non-litigious) character of the notary’s activity essentially separates the activity carried out by the civil-law notaries from the activity of the courts of law. The non-contentious activity carried out, with competence and impartiality, by the civil-law notary, avoids the release of conflicts and aims to harmonize the interests of the parties.
