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SM ISO690:2012 CARA-RUSNAC, Aliona. Sistemul notarial latin din statele dezvoltate ca: Germania, Canada, Franţa şi Italia. Influenţa acestuia asupra ţărilor în curs de dezvoltare
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2011, nr. 4, pp. 56-65. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 4 / 2011 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 56-65 | ||||||
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Rezumat | ||||||
Notaries from Latin –type system countries have been influenced by Roman law, that‘s why they have similar legal conceptions. Notary profession was differently settled in the countries which are based on the Latin-type notary, sometimes comprising elements from common-law system. Notary profession in the European Union countries it is based on the same principles, but each state has its specific regulations; however European Union states promote same ideas and conceptions. For example Great Britain, Denmark and Ireland the notary system does not show up in the integrity of this profession, in Portugal the notary system it is exclusively - State. In most of the Latin-type notary system states, the notary function is incompatible with any other. Notary in Latin traditions is a public function; he cannot refuse performing his duties, with the exception of some grounded reasons. In Latin-type notary system states the notary appears as a mediator that defends citizens‘ interests in the states name. Many countries as: Spain, Italy, Quebec (Canada), inclusively Republic of Moldova, have been inspired from French notary system. In France, the notary trough its duties fulfillment, ensure that the contractual clauses correspond to the legislation in force and might be executed, he appears as a warrant of juridical security, but in his quality of lawyer, who ―humanize‖ the legal norms, interpreting the will of the parties, translating it in Legal language. The notary is situated in the point where it is crossed the law and the human being; he is not a judge, who solves the disputes between parties or other law actors.
The notary prevent the eventual disputes between parties consulting parties in the contract, drafting contracts according to the legislation in force, ensuring social relations, acting as peacemaker. To the notary has been trusted the function of drafting and ensuring proves. Social life would be impossible, if private persons would not be able to ensure in any life moment the validity and the legal power of their consent. One of the countries rich in notary law activity is Germany, whose notary system has served as model for many countries, inclusively Republic of Moldova. The main function of the notary consist in the drafting of the parties consent in different domains as: real estate, recording of the transport means, inheritance, family law and business law. Notary system in Italy has roots from ancient periods, starting with the period of Roman Empire, that‘s why it can serve as a tool and example for other states.
Italian notary system has a double character: liberal and public. The liberal character of the notary supposes firstly its independence, and the public character supposes a strict control from the state, which is added with the notary self control. Thus, the notary is confronted with the fact of respecting the authority imposed rules and self respecting the legislation in force imposed rules. This rule usually is called gold rule. Per daily basis the notary has to apply in its activity this rule, correlating the state and parties‘ interest, and he has to respect it himself. A specific character to the Latin-type notary system is the juridical stability, which is characteristic to: Netherlands, Italy, Germany and France, laws that entered in force starting from the end of the XIX century and middle of XX century till present on the other hand our legislation that has been changed many times. |
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