The Notary helps in making the right decisions and taking proper actions, which contributes to avoiding long and costly litigation.
The Notary works with short deadlines and the customer gets a finished product in a short period of time.
The public authorities of the Notary may be exercised as:
1. permanently delegated authorities;
2. permanently delegated subsidiary public authorities (the state has delegated a part of the authorities, but the state can also perform them); and
3. delegated public authorities (authorities that belong to the court, but the court may delegate them to the notary).
WHO IS A NOTARY?
The Notary is a public service provider who performs his/her services professionally, autonomously, independently, neutrally and exclusively as an occupation during the period for which he/she is appointed. Documents drawn up by the Notary have the character of public instruments. The Notaries are appointed by the Minister of Justice, and supervised and controlled by the state.
WHAT IS A DIFFERENCE BETWEEN A NOTARY, A LAWYER AND A JUDGE?
The lawyer always represents one party and its interests. The Notary remains neutral and must respect the interests of both parties and advise them equally. The Notary issues a public document which may be enforceable.
The judges decide on a legal dispute, and the Notary acts beforehand, while the legal dispute has not occurred yet.
Notaries have a connection with people – Notaries advise the parties, shape their future with them, instruct and teach them, while judges and lawyers are focused on the past and resolve old disputes.
WHAT A NOTARY DOES?
The Notary deals with important legal disputes, for example, prepares a contract for the purchase of real estate, a mortgage agreement or a will, receives documents, money, securities, and other objects in custody. He/she checks the identity of participants in a legal transaction, determines the facts, advises all participants on legal consequences, and seeks to draw up an agreed contract, according to the will of the parties.
WHY A NOTARY?
Citizens enjoy many advantages if they turn to the notary, because the notary:
- prevents future court disputes (prevention),
- treats all participants neutrally (neutrality),
- draws up a legal transaction in the form of a public instrument (validity),
- creates legal security (security),
- advises the parties and interprets their declared will and legal consequences (expertise),
- gives documents greater power of evidence (credibility),
- create enforceable instruments that have the power of a court judgment (efficiency),
- enjoys the trust of the state and participants (trust).
THE NOTARISED DOCUMENT?
The most important result of the notary's work is the notarised document. Notarised documents may be enforceable and lead to directly taken enforcement actions, if so provided: e.g., if the buyer of real estate does not pay the agreed price, the seller can go to enforcement judge. If a contract is concluded between the contracting parties only, without the form of a notarised document, the seller must sue the buyer in order to exercise his/her rights.
MUST GO TO A NOTARY?
Some legal transactions are valid only if they are made in the form of a notarised document. This applies to all legal transactions dealing with the transfer or acquisition of property or other real property rights. Who promises something to someone else, or who wants to give something to someone as a gift, is bound by his/her promise only if it is given in the form of a notarised statement. For some transactions notary is not required, but he/she can freely be included, upon request of the contracting parties. This is especially advised in hereditary and family law matters.
WHAT DOES A NOTARY COST?
The costs and fees for the notary services are uniformly regulated and are determined, as a rule, according to the financial value of the legal transaction. The Notary is obliged to issue a receipt for the paid fee and the collected charges for every notarial act done.
WHEN DOES THE NOTARY HAVE TO REFUSE TO NOTARISE DOCUMENTS?
The Notary shall always be required to produce a notarial document, except in cases:
- when the requested is contrary to the legislation;
- when he/she considers that the requested would be taken is an apparent legal transaction in order to avoid obligations or unlawfully damage third parties;
- when a participant cannot properly engage in legal transactions due to a lack of business capacity or other justified reasons.